The court releases the man convicted of life imprisonment for involuntary homicide, attempted murder

The Court of Appeals has released a man who had been sentenced to prison for the rest of his life for two cases of homicide and attempted murder.

Three judges of the Court of Appeals; Fredrick Egonda-Andende, Margret Tibulya and Moses Kazibwe Kawumi, ordered that the liberation of Arach Joel of the Oyam district on the field that the sentence imposed by the judge of the Superior Court Winnifred Nabisinde de.

According to judicial records, Arach was convicted by the Superior Court for his guilt declaration, on December 17, 2013, for two homicide positions and a murder position. The registration shows that on February 13, 2011 in the Awich village in the Parish of Omach, the Oyam district, Arach, caused the death of Richard Ogoga and Teddy Akullo and tried to kill Peter Omara.

The record shows that Arach had fought with his wife at home, which forced her to leave the house with her baby. Arach followed her on the bicycle with a knife threatening to kill someone. However, he returned shortly after and got involved in a verbal exchange with Ogoga Richard, his brother.

While they were still playing, Arach suddenly removed the knife from his waist and stabbed Ogoga at the top of the stomach, which caused his intestines to come out. Omara, who was also Arach’s brother, headed to the church when he saw Arach stabbed Ogoga in the stomach. Omara escaped, forcing Arach to run after him and stab him on the back. He fell and was stabbed for the second time at the top of the arm.

Meanwhile, Teddy Akullo, who had just returned from the well, saw Arach stabbed his father and tried to intervene. It was also stabbed at the bottom of his stomach. Some people who had witnessed the stabbing gave an alarm, forcing Arach to flee to bush and hide.

Finally, he was arrested by the president of the LC I area and was taken to the Police, where he admitted to having stabbed the trio that had been transferred from a medical center. Unfortunately, Akullo and Ogoga died due to their wounds. Arach was accused of two charges of involuntary homicide and a murder charge.

He declared himself guilty of the charges and was sentenced to three life sentences that appealed. In his appeal, Arach declared that the judge of first instance had made an error in the law when he approved sentences of three perpetual chains that, according to him, were very hard and excessive in the circumstances, thus causing a spontaneous abortion of justice.

In his unanimous ruling, the Court of Appeals observed that the judge of first instance, although he mentioned that aggravating circumstances far exceeded the mitigating circumstances in all three positions, however, he never mentioned them. The court also observed that the judge had considered issues that were never in front of him while sentenced to Arach.

“In addition to considering issues that should not have considered, the judge of first instance ignored the following important mitigating factors. The appellant was a criminal for the first time without previous registration. The appellant declared himself guilty to save the time and resources of the courts, “the judges said.

They added that the judge of first instance did not recognize that the guilt plea was a gesture of remorse by Arach and the fact that he was only 37 years old, capable of reforming and becoming a useful member of the company and that he was also married With four children.

“We are satisfied that the sentences imposed in this appeal by the judge of first instance, which are the maximum sentences available for those crimes, were hard and manifestly excessive taking into account the various attenuating factors ignored by the judge of first instance. This guarantees this court to interfere with the sentences of the Court of First Instance. We are convinced that the appropriate prayer in counting 1 and count 2 would be a sentence of 7 years in prison in each of those counts taking into account the aggravating and mitigating factors. We would deduce 2 years and 11 months from that period, leaving the appellant to fulfill a period of 4 years and 1 month as of December 17, 2013, the date of his conviction, ”the court ruled.

In the third position of attempted murder, the court reduced the sentence of life imprisonment to the five -year -old, which was the appropriate sentence.

He added that all these prayers would be served simultaneously. Because Arach had been sentenced in 2013, meant 2018, he had already fulfilled the five -year sentence imposed on him. Therefore, the court ordered its immediate release.