Wakilii

Uganda v Apiku (Criminal Sessions Case No. 0015 of 2018)

High Court · [2018] UGHCCRD 59 · 2018 Conviction on Guilty Plea AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance criminal trial on guilty plea following amendment of indictment from murder to manslaughter
Decision
Accused convicted and sentenced to 3 years 7 months imprisonment with credit for remand period

Observed later treatment

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Holding

Accused convicted of manslaughter on guilty plea after kicking deceased twice causing ruptured spleen and fatal internal bleeding. Court applied starting point of 10 years, reduced by one-third for guilty plea to 7 years, further reduced to 5 years considering first offender status and restorative justice efforts, with remand period of 1 year 5 months deducted, resulting in final sentence of 3 years 7 months imprisonment.

Outcome

Accused convicted and sentenced to 3 years 7 months imprisonment with credit for remand period

Facts

On 2 September 2016 at Bamogi South village in Moyo District, the accused was at the home of one Odendi with three colleagues. The deceased, a UPDF soldier (WOII Irama Tom), was returning to Gulu Army Barracks and stopped to bid farewell. When the deceased tried to restrain the accused from disturbing people, the accused turned against him. Wearing gum boots, the accused kicked the deceased twice on the ribs. The deceased reported to the village chairman at 5:00pm, went home complaining of pain, and later reported to Moyo Police Station at 7:00pm. The following day he attended Moyo General Hospital and was sent for a scan at St. Dominic Clinic on 3 September 2016. The scan revealed blunt abdominal injury with ruptured spleen causing abdominal bleeding. He was taken to theatre at Moyo Hospital but died shortly after operation on 4 September 2016. Cause of death was internal bleeding with secondary severe hemorrhagic anemia. The accused was arrested the day after the incident. He was examined on 4 September 2016 and found to be 29 years old with normal mental status.

Issues

  1. What is the appropriate custodial sentence for manslaughter where the accused pleaded guilty after indictment amendment and engaged in restorative justice with the victim's family?

Orders

  • Accused convicted of manslaughter contrary to sections 187 and 190 of the Penal Code Act on his own plea of guilty.
  • Accused sentenced to 3 years and 7 months imprisonment.
  • Period of 1 year and 5 months spent on remand deducted from sentence.
  • Accused advised of right to appeal against severity and legality of sentence within 14 days.

Rules and key headnotes

Sentencing — Manslaughter — Starting Point under Sentencing Guidelines
The starting point for determination of custodial sentence for manslaughter is prescribed by Part II of the Third Schedule of the Constitution (Sentencing Guidelines for Courts of Judicature) (Practice) Directions 2013 as 15 years imprisonment, but this must be applied bearing in mind past precedents where facts have resemblance to the case under trial.
Sentencing — Discount for Guilty Plea
An offender who pleads guilty may expect credit in the form of a discount in sentence. While the sentencing guidelines requirement to consider guilty plea as mitigating factor is a guide not conferring statutory right to discount, the traditional discount is one-third of the sentence where a guilty plea is entered.
Sentencing — Restorative Justice and Reconciliation
Under Article 126(2)(d) of the Constitution, courts are enjoined to promote reconciliation of parties. In the absence of specific legislation, restorative justice processes can only be undertaken alongside a custodial sentence and may be taken into consideration in determining the appropriate custodial sentence, but do not form part of the sentence itself.
Sentencing — Deduction of Remand Period
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, the court must deduct the period spent on remand from the sentence considered appropriate after all factors have been taken into account.

Legislation cited (9)

Cases cited (5)

  • Ninsiima v Uganda (Criminal Appeal No. 180 of 2010)
  • Livingstone Kakooza v Uganda (Supreme Court Criminal Appeal No. 17 of 1993)
  • Ainobushobozi v Uganda (Court of Appeal Criminal Appeal No. 242 of 2014)
  • Uganda v Berustya Steven (High Court Criminal Sessions Case No. 46 of 2001)
  • R v. Fearon [1996] 2 Cr. App. R (S) 25 CA

Full judgment

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

Uganda v Apiku (Criminal Sessions Case No. 0015 of 2018) [2018] UGHCCRD 59 (26 February 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.