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Ssenteza v Uganda (Criminal Appeal No. 150 of 2018)

Court of Appeal · [2021] UGCA 131 · 2021 Appeal Partly Allowed ✦ AI-generated summary ↓ Download
Jurisdiction
Uganda
Case Type
Second criminal appeal from the High Court (sitting as first appellate court) against sentence imposed by a Grade 1 Magistrate
Decision
Multiple sentences for possession of forged currency notes set aside and substituted with a single 5-year concurrent sentence; appeal partly succeeded on the legality of sentence

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Holding

On a second appeal limited to questions of law, the Court of Appeal held that a sentence in a separate trial (Criminal Case No. 222 of 2014) has no bearing on the sentence in the present trial, since each sentence runs from its own date of conviction. Consecutive sentences remain the norm and concurrent the exception under section 175(1) of the Magistrates Courts Act. However, the Court found it erroneous to charge possession of multiple forged currency notes found at the same place and time as separate counts; the proper course was a single count with particulars. The Court set aside the multiple sentences for possession and substituted a single sentence of 5 years' imprisonment.

Facts

The appellant and others were charged before a Grade 1 Magistrate at Buganda Road on twelve counts: obtaining money by false pretences (count 1, s.305 Penal Code Act), being in possession of forged currency notes (counts 2-11, s.357), and conspiracy to commit a felony (count 12, s.390). The possession counts concerned forged United States dollar notes of various denominations and serial numbers, all found on 1 March 2014 at Katale, Bulwadde in Wakiso district. He was convicted and sentenced to 3 years 9 months on count 1, one year on each possession count (counts 2-8 consecutive, counts 9-11 concurrent), and one year on count 12. The appellant was already serving a seven-year term in a separate Criminal Case No. 222 of 2014. His appeal to the High Court was dismissed, the conviction and sentences being upheld. He appealed further, contending the aggregate sentence of about 16 years was illegal and excessive and that sentences should run concurrently.

Issues

  1. Whether the sentence imposed in Criminal Case No. 222 of 2014 has a bearing on the sentence in the current appeal.
  2. Whether the sentence in the current appeal is illegal in that its computation meant the appellant would serve 16 years' imprisonment.
  3. Whether charging possession of forged currency notes found at the same time and place as multiple separate counts was proper in law.

Orders

  • Sentences for the counts of being in possession of forged currency notes contrary to section 357 of the Penal Code Act set aside.
  • A single sentence of 5 years' imprisonment imposed for being in possession of several forged currency notes.
  • The substituted sentence to run concurrently with the 3 years and 9 months' sentence on count 1 and the 1 year sentence on count 12.
  • All sentences to commence from the date of conviction on 9 February 2016.

Key headnotes

Criminal Procedure — Second Appeals — Limited to Matters of Law
On a second appeal from the High Court sitting in its appellate jurisdiction, the Court of Appeal may entertain an appeal only on a matter of law and not on the severity of sentence or on matters of fact or mixed fact and law, pursuant to section 45 of the Criminal Procedure Code Act.
Sentencing — Effect of Sentences in Separate Trials
A sentence imposed in one trial has no bearing on the sentence in another trial; each sentence is deemed to commence from the date of conviction in that trial, and a prior conviction is relevant only as an aggravating factor showing the convict is not a first offender.
Sentencing — Consecutive and Concurrent Sentences
Under section 175(1) of the Magistrates Courts Act, where a person is convicted of several offences at one trial, consecutive sentences are the norm and concurrent sentences the exception to be directed by the court.
Charges — Joinder and Multiplicity of Counts
Possession of multiple forged currency notes found at the same place and on the same date constitutes a single offence and should be charged in one count with particulars of the notes; splitting it into multiple counts, each carrying its own sentence, is an erroneous multiplication of counts contrary to sections 85 and 86 of the Magistrates Courts Act.

Legislation cited (10)

  • Penal Code Act s.305
  • Penal Code Act s.357
  • Penal Code Act s.390
  • Criminal Procedure Code Act s.28
  • Criminal Procedure Code Act s.45
  • Magistrates Courts Act s.85
  • Magistrates Courts Act s.86
  • Magistrates Courts Act s.175
  • Magistrates Courts Act s.176
  • Judicature Act s.11

Cases cited (1)

  • Magara Ramathan v Uganda (Criminal Appeal No. 1 of 2014)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.