James Opian, previously sentenced to death for the murder of his father, has had his sentence overturned by the Court of Appeal. The court quashed the death sentence due to several mitigating factors, including his mental health and remorse.
On April 3, 2013, Justice David Batema sentenced Opian to death after he pleaded guilty to the murder of his father, Ben Igulot, in July 2012. Opian, dissatisfied with this sentence, appealed, arguing that the trial judge did not adequately consider his mitigating circumstances.
In a judgment dated May 13, 2024, Justices Fredrick Egonda-Ntende, Christopher Gashirabake, and Oscar Kihika overturned the death penalty. They stated that the trial judge failed to consider significant factors while sentencing Opian. The justices noted that Opian was a first-time offender, had pleaded guilty, showed remorse, and was suffering from delusional episodes at the time of the crime. They concluded that a custodial sentence, rather than the death penalty, was more appropriate.
The court referenced the 2013 case of Charles Sekamatte v Uganda, highlighting that even though Opian’s mental status was not raised during the trial, it should have been considered. Opian’s charge and caution statement indicated he was experiencing severe mental distress, suggesting his mental state should have been evaluated during sentencing.
The justices decided that a 12-year imprisonment sentence was appropriate, with 4 years and 8 months deducted for time already spent in pre-trial detention. This leaves Opian with a remaining sentence of 7 years and 4 months, starting from March 6, 2017, the date of his conviction.
The court also considered a psychiatrist’s report, which noted that while Opian’s mental state at the time of the offence could not be fully assessed, he likely suffered from generalized anxiety disorder and panic disorder. This suggested that Opian’s actions were not those of someone in a sound mental state.
The court concluded that Opian’s case did not fall into the category of the “rarest of rare cases” that warrant a death sentence. They cited the 2006 Supreme Court decision in Attorney General v Susan Kigula, which held that the death penalty for murder is discretionary, not mandatory. This allows judges to consider the circumstances of each case when determining the appropriate sentence.
According to court documents, on July 12, 2012, Opian entered his father’s hut with a panga (machete) and hacked him to death. He then went to the police station, handed himself in, and confessed to the crime. In his statement, Opian claimed he felt something pressing and squeezing him while he slept, compelling him to kill his father, whom he accused of practicing witchcraft.
Opian’s lawyer, Geoffrey Turyamusiima, represented him during the appeal, while Chief State Attorney Immaculate Angutoko represented the Director of Public Prosecutions.
This case highlights the issue of mental illness in Uganda, which ranks sixth in Africa for the prevalence of mental disorders. An estimated 14 million Ugandans suffer from some form of mental disorder, according to the health ministry and the Uganda Counselling Association.
