Omasige Calvin & Anor v Uganda (Criminal Appeal No. 179 of 2003)
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Holding
Following Attorney General v Susan Kigula and 417 Others, the court accepted that the death penalty for murder is no longer mandatory and that each case must be assessed on its own merit. The appellants abandoned their challenge to conviction and contested only the death sentence, praying for substitution with eight years' imprisonment. Considering the injuries inflicted, the weapon used, and the appellants' conduct before and after the offence, which pointed to premeditated murder, the court found the death sentence justified. The appeal against sentence was found to have no merit and was dismissed.
Facts
The appellants were charged with murder and attempted murder. According to the testimony of PW4, the deceased's daughter, the appellants came to the deceased's home and took cover for about one hour. When the deceased arrived, they attacked her with pangas, chased her across the road for a distance of about 15 metres, and continued cutting her to ensure she died. The post mortem report showed the deceased sustained six deep cut wounds. The appellants were convicted on both counts, sentenced to death on the murder count and three years' imprisonment (suspended) on the attempted murder count. They were related to the deceased and had been on remand for three years before trial.
Issues
- Whether the death sentence imposed on the appellants for murder should be set aside and substituted with a custodial term following the abolition of the mandatory death penalty.
Orders
- Appeal against sentence dismissed.
Key headnotes
Cases cited (1)
- Attorney General v Susan Kigula and 417 Others (Constitutional Appeal No. 3 of 2006)