Africa Wycliff and Magabali Ismail alias Jose v Uganda (Criminal Appeal 522 of 2016)
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Holding
The court considered whether the trial judges departed from the plea bargain agreements in sentencing the appellants for aggravated robbery. It held that a plea bargain agreement should prima facie be upheld unless it occasions a miscarriage of justice. The first appellant's 18-year sentence, imposed inclusive of remand, offended the mandatory Article 23(8) of the Constitution; it was substituted so that the 5 years 6 months on remand was properly deducted after sentence. The second appellant's 20-year sentence, enhanced beyond the agreed term, was set aside and substituted with the agreed 18 years, less remand. The appeal succeeded and both appellants are to serve 13 years 6 months from conviction.
Facts
On 2 December 2015, the appellants, together with others still at large, robbed Xuzai Wang of UGX 130,000,000 and an iPhone 6 Plus valued at UGX 2,000,000 at Nile Steel Company, Nangwa, in Mukono District, using a panga and an iron bar. They were indicted for aggravated robbery. Following a plea bargain, both pleaded guilty. The first appellant was sentenced to 18 years' imprisonment (stated as inclusive of remand) and the trial judge ordered that property purchased with the stolen money and recovered from him be handed to the complainant. The trial judge deferred sentencing the second appellant because, although the plea bargain referred to recovered or purchased property, evidence of recovery existed only against the first appellant. The second appellant was later sentenced to 20 years' imprisonment, with remand deducted, to serve 14 years 6 months.
Issues
- Whether the learned trial judges erred in law and fact when they departed from the plea bargain agreements in sentencing the appellants.
- Whether a sentence imposed inclusive of the period spent on remand complies with Article 23(8) of the Constitution.
Orders
- Appeal succeeds.
- For the first appellant, the sentence of 18 years imprisonment inclusive of remand is set aside and substituted with 18 years before taking into account the period on remand; the 5 years 6 months on remand is deducted, leaving a balance of 13 years 6 months from 21 December 2016.
- The proceeds of the robbery found with the first appellant shall be given to the complainants.
- For the second appellant, the sentence of 20 years imprisonment is set aside and substituted with 18 years; the 5 years 6 months on remand is deducted, leaving a balance of 13 years 6 months from 21 December 2016.
Key headnotes
Legislation cited (8)
- Penal Code Act Cap 120 s.285
- Penal Code Act Cap 120 s.286
- Constitution of Uganda Article 23(8)
- Judicature Act s.11
- Judicature Act s.41(1) and (2)(e)
- Trial on Indictments Act s.132(5)
- Judicature (Plea Bargain) Rules 2016 Rule 3
- Judicature (Plea Bargain) Rules 2016 Rule 13
Cases cited (7)
- Kifamunte Henry v Uganda (Criminal Appeal No. 10 of 1997)
- Ogalo s/o Owoura v R (1954) 21 EACA 270
- James v R (1950) 18 EACA 147
- Rwabugande Moses v Uganda (Criminal Appeal No. 25 of 2014)
- Muhwezi v Uganda (Criminal Appeal No. 147 of 2009)
- Livingstone Kakooza v Uganda (Criminal Appeal No. 17 of 1993)
- Wangwe Robert v Uganda (Criminal Appeal No. 0572 of 2014)