1.The accused has been convicted by her own plea of guilty for the offence of manslaughter contrary to section 202 as read with 205 of the Penal Code following a plea bargain agreement dated 22/3/2023. The facts of the case which the accused admitted in the Plea Agreement at paragraphs 9-13 are as follows:
2.The counsel for the DPP and for the Accused made respective submissions during the sentencing /mitigation proceedings. Counsel for the DPP urged custodial sentence principally as follows:
3.For the Accused, Counsel, urged the court to consider the pre-sentence report ‘as the truth of what transpired and the circumstances of the said attack’ and prayed for a non-custodial sentence for the youthful accused aged 21 years and who had been in custody for one year.
4.The Probation Officer on request by the court made presentence report dated 15/5/2023 recommending a probation sentence as follows:
5.This case sadly calls to mind the growing incidents of sexual and gender based violence cases in our communities.
6.The circumstances of the killing, where the accused who had previously been raped by the deceased came upon the deceased and upon charging him of the offence a commotion ensued in which the accused stabbed the deceased using his own sword was such as to afford provocation by the reminder of the rape, not only commutes the offence in the killing from one of murder to one of manslaughter in terms of sections 207 and 208 of the Penal Code but also diminishes the accused’s blameworthiness. Had the killing occurred at the time of the rape, the exonerating defence of self-defence (under section 17 of the Penal Code) would have been maintainable!
7.The Court notes that the Accused has been in prison custody on pre-trial detention since 29/12/2021, a period of one (1) year seven (7) months.
9.The court considers appropriate a reform and rehabilitation treatment afforded by the supervision possible under a Probation Order for the maximum three (3) years as recommended by the Probation Department.
10.Accordingly, for the reasons set out above, having convicted the accused on her own plea of guilty for the offence of manslaughter contrary to section 202 as read with 205 of the Penal Code, now sentences the accused to serve an imprisonment term of two (2) years and in addition serve a probation sentence for a period of three (3) years from today.
11.The sentence of imprisonment for 2 years commences on 29th December 2021, the date when the accused was remanded for trial, and she has, therefore, with remission, already served the imprisonment in full.
12.There shall, therefore, be an order for the release of the accused to be placed on probation unless she is otherwise lawfully held.Order accordingly.