Wakilii

Uganda v Amono (Criminal Sessions Case No. 0091 of 2015)

High Court · [2018] UGHCCRD 172 · 2018 Conviction on Guilty Plea AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance criminal trial resulting in guilty plea following plea bargain
Decision
Accused convicted on own plea of guilty and sentenced to concurrent terms of imprisonment

Observed later treatment

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Holding

The court convicted the accused of two counts of murder by poisoning following a guilty plea pursuant to a plea bargain. The accused had poisoned two children from a co-wife by mixing organophosphate poison into food. The court sentenced the accused to nine years and four months' imprisonment on each count, to be served concurrently, after deducting three years and eight months spent on remand from the agreed thirteen-year term.

Outcome

Accused convicted on own plea of guilty and sentenced to concurrent terms of imprisonment

Facts

On 20 November 2014 at Labayonga village, Lamwo District, the accused gave food laced with organophosphate poison (Icon insecticide) to Oryema Alfred, a son of her co-wife. When other children joined in eating, the accused instructed only Lajara Sharon and Oryema to continue eating despite the food being bitter, while restraining her own son from joining. The children began vomiting and Lajara and Oryema became unconscious. They were rushed to Lamwo Health Centre where both died. Four other children who ate the food recovered. Post mortem examinations confirmed death by severe organophosphate poisoning. The accused was 23 years old at the time and was found to be mentally normal. Police recovered remains of Icon chemical at the scene. Dogs and chickens that ate leftovers also died. The accused was indicted on two counts of murder and initially pleaded not guilty. A plea bargain was subsequently negotiated and the accused changed her plea to guilty on both counts.

Issues

  1. What is the appropriate sentence for murder by poisoning following a guilty plea pursuant to a plea bargain agreement?

Orders

  • Accused convicted on two counts of murder contrary to sections 188 and 189 of the Penal Code Act.
  • Accused sentenced to nine years and four months' imprisonment on count 1.
  • Accused sentenced to nine years and four months' imprisonment on count 2.
  • Both sentences to be served concurrently.
  • Three years and eight months spent on remand deducted from sentence.

Rules and key headnotes

Sentencing — Murder — Plea Bargaining — Deduction of Remand Period
Where an accused pleads guilty to murder pursuant to a plea bargain agreement, the court must deduct the period spent on remand from the sentence considered appropriate after all factors including the plea agreement have been taken into account, in accordance with Article 23(8) of the Constitution and Regulation 15(2) of the Constitution (Sentencing Guidelines for Courts of Judicature) (Practice) Directions 2013.
Sentencing — Murder — Aggravating Factors — Poisoning of Children by Co-Wife
In sentencing for murder by poisoning where the accused deliberately poisoned children of a co-wife who were under her care, aggravating factors include the intentional targeting of vulnerable victims, the potential to kill multiple victims, the breach of trust as caregiver, and the prevalence of such conduct within the community.

Legislation cited (4)

Cases cited (6)

  • Bukenya v Uganda (Court of Appeal Criminal Appeal No. 51 of 2007)
  • Sebuliba Siraji v Uganda (Court of Appeal Criminal Appeal No. 319 of 2009)
  • Uganda v Businge Kugonza (High Court Criminal Sessions Case No. 162 of 2012)
  • Uganda v Ocitti Alex and Another (High Court Criminal Sessions Case No. 0428 of 2014)
  • Uganda v Mutebi Muhamed and Another (High Court Criminal Sessions Case No. 038 of 2011)
  • Tom Sazi Sande alias Hussein Saddam v Uganda (Court of Appeal Criminal Appeal No. 127 of 2009)

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Uganda v Amono (Criminal Sessions Case No. 0091 of 2015) [2018] UGHCCRD 172 (10 August 2018)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.