Wakilii

Uganda v Tomasi Mudere (Criminal Sessions Case 91 of 1992)

High Court · [1993] UGHC 150 · 1993 Conviction Entered AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance criminal prosecution in which accused pleaded guilty to manslaughter under section 62 of the Trial on Indictments Decree
Decision
Accused convicted of manslaughter and sentenced to 12 months imprisonment

Observed later treatment

No later-treatment classification is recorded for this judgment.

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AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

Accused convicted of manslaughter after pleading guilty to kicking his step-grandmother once in the abdomen, causing fatal intestinal damage. Court sentenced accused to 12 months imprisonment, taking into account guilty plea, first offender status, remorse, loss of self-control attributed to intoxication, and single kick with no premeditated intent to kill.

Outcome

Accused convicted of manslaughter and sentenced to 12 months imprisonment

Facts

On 6 June 1992 at about 8:00 p.m., accused broke into a house where his step-grandmother (the deceased) was staying with Admerelli Kiwasoko, accused's grandfather. When deceased complained about the manner in which accused entered the house, accused kicked her once in the abdomen near the umbilical cord. The deceased suffered extensive damage to her intestines, was hospitalised, and died four days later. Post mortem examination confirmed cause of death as extensive damage to the intestines. Accused had been drinking alcohol with the deceased that evening. Accused pleaded guilty to manslaughter.

Issues

  1. What is the appropriate sentence for manslaughter where the accused kicked the deceased once causing fatal intestinal damage?

Orders

  • Accused convicted under Section 61 of the Trial on Indictment Decree.
  • Accused sentenced to 12 months imprisonment.

Rules and key headnotes

Sentencing — Manslaughter — Mitigating Factors
In sentencing for manslaughter, the court may exercise leniency where the accused has pleaded guilty (demonstrating remorse and saving court time and expense), is a first offender, is in a productive age, and there is evidence of loss of self-control due to intoxication rather than premeditated intent.

Legislation cited (2)

  • Trial on Indictments Decree s.61
  • Trial on Indictments Decree s.62

Full judgment

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

Uganda v Tomasi Mudere (Criminal Sessions Case 91 of 1992) [1993] UGHC 150 (19 January 1993)
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.