Uganda v Kyomuhangi (Criminal Session Case 349 of 1994)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The court permitted the accused to change her plea from not guilty to murder to guilty to manslaughter under s.62 Trial on Indictments Decree and s.182 Penal Code Act. Following conviction on her own plea of guilty, the court sentenced her to three years' imprisonment, taking into account her remorse, her plea saving court time, the welfare of her seven children left without care, and the period already spent on remand since April 1993.
Outcome
Accused convicted of manslaughter and sentenced to three years' imprisonment with time on remand to be credited
Facts
On 16 March 1993 at Ntarama village, Mwooya parish, Kachwamba, the accused killed her husband Yosamu Kanaba by cutting his neck with a hoe while he was in bed. The deceased had been mistreating the accused, frequently beating and deserting her, committing adultery with another woman, and selling family property to give money to his mistress. On the night of the killing, the deceased returned home with two jerricans of tonto, which the accused objected to keeping in the house as she was saved. The deceased began beating her. At around 10.00 p.m., while the deceased was in bed, the accused picked up a hoe and cut his neck. He died as a result. The accused dumped the body in an old pit latrine and covered it with soil. She kept quiet until April 1993 when she revealed what had happened to George Byaruhanga, the deceased's nephew, who informed the authorities. The accused was arrested and charged with murder. She initially pleaded not guilty but changed her plea to guilty to manslaughter.
Issues
- Whether to accept the accused's change of plea to a guilty plea for the lesser charge of manslaughter
- What sentence should be imposed following conviction for manslaughter
Orders
- Accused convicted of manslaughter contrary to s.182 of the Penal Code Act on her own plea of guilty
- Accused sentenced to three years' imprisonment
- Period on remand to be taken into account in computing the sentence
- Right of appeal against sentence explained to the accused
Rules and key headnotes
Legislation cited (3)
- Trial on Indictments Decree s.62
- Penal Code Act s.182
- Penal Code Act s.185
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.