Court name
HC: Criminal Division (Uganda)
Judgment date
7 November 2014

Uganda v Ocitti & Anor (HCT-02-CR-SC-2014/428) [2014] UGHCCRD 83 (07 November 2014);

Cite this case
[2014] UGHCCRD 83
Short summary:

Criminal law

Coram
Mutonyi, J

THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT GULU

HCT – 02- CR – SC – 0428 – 2014

UGANDA ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::PROSECUTOR

VERSUS

OCITTI ALEX AND ANOTHER ::::::::::::::::::::::::::::::::::::::::ACCUSED

 

BEFORE HON. LADY JUSTICE MARGARET MUTONYI

 

SENTENCE AND REASONS

 

The offence of murder is a very serious one.  The way the deceased met his death was very atrocious.  The weapon used, to kill him i.e. the axe and the part of the body that was hit, all show signs of motive to kill the deceased.  He was hit at the back of the skull.  The deceased was not killed by a single act of assault.  All the above aggravate a death sentence which is the maximum for murder.

 

However, the convict pleaded guilty to the charge which is one of the mitigating factors in sentencing and the sole reason why the court is not giving him the maximum sentence.

 

Never the less, the convict must pay for his heinous crime.    Culpable homicide should always attract a sentence that deters others from committing similar crime.  The community from where the convict comes should know that killing another is criminal.  Had the convict not pleaded guilty, I could have sentenced him to 50 years imprisonment, but since he pleaded guilty which is a sign of remorse, and is 43 years old, I think that the ends of justice will be served by sentencing the convict to a term of imprisonment t of 25 years.  He is therefore sentenced to a term of imprisonment of 25 years.

 

Right of appeal against sentence is explained.

 

                                           ………………………………………

                                         MUTONYI MARGARET

                                                JUDGE

                                              7/11/2014