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Two juvenile sent to five years reformatory for culpable homicide

By Adia Jildo

Two teens aged 16 and 17 have been sent to correction center after being found guilty of stabbing a young man to death during a fight on 31st June 2021. The incident happened in the PoC/UN camps in Juba when the deceased and the offenders got into a fight.

Gai Elijah Hon lost his life on arrival to hospital after being stabbed on his chest and back that led to his death.

“The culprits used panga and knives in the fight. Juvenile offender K attacked the deceased and stabbed him with a knife on the chest toward stomach. At the same time juvenile offender B attacked the deceased and stabbed him with a knife at the back which action resulted in the death of the deceased,” the Juvenile court judge Francis Amum Ayoker read the verdict loudly before the court.

The offenders however said they were in self-defense against the deceased and pleaded they were innocent.

The two juvenile were charged by Penal Code Act, 2008 section 11 as special sentence for juvenile offenders.

“When an accused person who is twelve and less than eighteen years of age is convicted by a High Court of any offence, or by the Court of a Magistrate of the First or Second Class of any offence not triable summarily, the Court may, in passing the sentence prescribed by law, sentence such accused person to be detained in a reformatory school or other establishment for the purpose for a term which shall not be less than two or more than five years. In the instant case, offenders have stabbed the deceased with knives.”

The two juvenile offenders were jointly charged with one count c/s 210/48 of the Penal Code Act.2008

“(1) Whoever causes the death to a person by—(a) negligently failing to realize that death may result from his or her conduct; or (b) realizing that death may result from his or her conduct and negligently failing to guard against that possibility, commits the offence of culpable homicide, and upon conviction, shall be sentenced to imprisonment for life or for any lesser term or with a fine or with both,” the penal code read.

The juvenile offenders will have 5 years in reformatory that started on the 14th June 2021 and families to the two juvenile offenders will jointly compensate a total of 51 herds of cattle or equivalent in SSP at the rate of market price to the next of kin of the deceased as blood compensation according to the customs of the people of Unity state.

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