Not All Homicides Are Murders
Jun 18, 2003
Jane Akiiki, 27, of Nambajju Village, Nabiswera Sub-county in Nakasongola District and a mother of four, was sentenced to ‘two minutes’ in prison for killing her husband during a domestic quarrel (The New Vision June 14).
Jane Akiiki, 27, of Nambajju Village, Nabiswera Sub-county in Nakasongola District and a mother of four, was sentenced to ‘two minutes’ in prison for killing her husband during a domestic quarrel (The New Vision June 14). Justice Ruby Opio Aweri ruled that prosecution had not adduced enough evidence to show that Akiiki had pre-meditated intention to kill the deceased.
On April 29, Justice Manira-guha sentenced Charles Kamugisha of Rwakobo, Nyabushozi, Mbarara to four years in prison for killing his boss, Stephen Ntaro by hitting him on the head with a hoe (The Monitor May 1). According to Kamugisha, Ntaro ordered him to cut grass to construct a shelter for calves. Kamugisha refused. Ntaro then assaulted him and a fight ensued. Here too, Kamugisha pleaded guilty to killing the deceased but insisted that he had not intended it, but was provoked into anger.
Many people get riled when they see people who have killed walking out of court with very light sentences. Some call it unfair, others interpret it as corruption in the courts.
The offense being talked about here is manslaughter. It has got no relation to the literal English meaning of slaughtering a man. According to our law, any person who by any unlawful act or omission causes the death of another person is guilty of manslaughter.
Some wonder why not all killers are convicted of murder. According to Section 183 of the Penal Code Act, any person who, with malice aforethought, causes the death of another person by any unlawful act or omission, is guilty of murder and must suffer death on conviction.
However, the difference here is the clause, “with malice aforethought.†Malice aforethought is the intention to cause the death of another person.
It also involves the person knowing that their act or omission will probably cause the death of another. It does not matter whether the person you intended to kill is the one that actually dies or not: If you intended to kill John and the person killed is Peter, it is still murder.
With murder, it is the person’s intent to kill that is punished. It looks out for the preparatory steps one took to execute the intention to kill another.
However, death may be caused unintentionally. There are some circumstances where you may do something that was intended to punish, or you are provoked to do something that ends up causing death.
The law therefore creates the offense of manslaughter to accommodate this kind of situation. One of the elements that will qualify an offense of murder to be reduced to manslaughter is provocation, which includes any wrongful act or insult of such a nature as to be likely to deprive a person of the power of self-control and to induce him/her to commit an assault of the kind that causes death of another person. When one kills another in the heat of passion caused by sudden provocation, he/she will therefore be convicted of manslaughter.
Manslaughter carries a maximum sentence of life imprisonment so, control your temper! Court however, has a desecration to reduce the punishment depending on the circumstances of the case.Ends
On April 29, Justice Manira-guha sentenced Charles Kamugisha of Rwakobo, Nyabushozi, Mbarara to four years in prison for killing his boss, Stephen Ntaro by hitting him on the head with a hoe (The Monitor May 1). According to Kamugisha, Ntaro ordered him to cut grass to construct a shelter for calves. Kamugisha refused. Ntaro then assaulted him and a fight ensued. Here too, Kamugisha pleaded guilty to killing the deceased but insisted that he had not intended it, but was provoked into anger.
Many people get riled when they see people who have killed walking out of court with very light sentences. Some call it unfair, others interpret it as corruption in the courts.
The offense being talked about here is manslaughter. It has got no relation to the literal English meaning of slaughtering a man. According to our law, any person who by any unlawful act or omission causes the death of another person is guilty of manslaughter.
Some wonder why not all killers are convicted of murder. According to Section 183 of the Penal Code Act, any person who, with malice aforethought, causes the death of another person by any unlawful act or omission, is guilty of murder and must suffer death on conviction.
However, the difference here is the clause, “with malice aforethought.†Malice aforethought is the intention to cause the death of another person.
It also involves the person knowing that their act or omission will probably cause the death of another. It does not matter whether the person you intended to kill is the one that actually dies or not: If you intended to kill John and the person killed is Peter, it is still murder.
With murder, it is the person’s intent to kill that is punished. It looks out for the preparatory steps one took to execute the intention to kill another.
However, death may be caused unintentionally. There are some circumstances where you may do something that was intended to punish, or you are provoked to do something that ends up causing death.
The law therefore creates the offense of manslaughter to accommodate this kind of situation. One of the elements that will qualify an offense of murder to be reduced to manslaughter is provocation, which includes any wrongful act or insult of such a nature as to be likely to deprive a person of the power of self-control and to induce him/her to commit an assault of the kind that causes death of another person. When one kills another in the heat of passion caused by sudden provocation, he/she will therefore be convicted of manslaughter.
Manslaughter carries a maximum sentence of life imprisonment so, control your temper! Court however, has a desecration to reduce the punishment depending on the circumstances of the case.Ends