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Mukasa alias Madu v Uganda (Criminal Appeal 285 of 2021)

Court of Appeal · [2023] UGCA 330 · 2023 Appeal Allowed — Sentence Reduced ✦ AI-generated summary ↓ Download
Jurisdiction
Uganda
Case Type
Criminal appeal against sentence only from a High Court conviction entered on a plea bargain
Decision
Appeal against sentence allowed; 10-year sentence set aside and substituted with a sentence of 8 years, 1 month and 12 days running from 20 November 2019.

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Holding

The Court of Appeal held that a sentence imposed without taking into account the period an accused spent on remand, contrary to the mandatory requirement of Article 23(8) of the Constitution, is illegal and a nullity, even where the sentence results from a plea bargain agreement. A court approving a plea bargain must satisfy itself that all matters of law and fact, including remand time, have been considered. The trial Judge had failed to deduct the appellant's remand period. The Court set aside the 10-year sentence and, exercising its powers under section 11 of the Judicature Act, re-sentenced the appellant to 8 years, 1 month and 12 days after deducting the 1 year, 10 months and 18 days he had spent on remand.

Facts

On 8 December 2017 at Lusenke Village in Kayunga District, the appellant robbed Yeeka Godfrey of UGX 200,000. During the robbery the appellant grabbed the complainant by the collar, threw him down, and took his keys and cash. As the appellant attempted to flee, the complainant grabbed his leg and struggled with him; the appellant drew a knife from his waist and stabbed the complainant on the left arm. He was indicted for aggravated robbery contrary to sections 285 and 286 of the Penal Code Act. The appellant, his counsel and the prosecution executed a plea bargain agreement on 11 November 2019, with an addendum on 20 November 2019, agreeing to a 10-year sentence. The appellant pleaded guilty and was convicted and sentenced to 10 years' imprisonment on 20 November 2019. He had been arrested and detained on 2 January 2018, spending 1 year, 10 months and 18 days on remand, which the trial Judge did not deduct from the sentence.

Issues

  1. Whether the trial Judge erred in sentencing the appellant without taking into account the period spent on remand as required by Article 23(8) of the Constitution.
  2. Whether a sentence imposed pursuant to a plea bargain agreement may be interfered with on appeal where it fails to comply with Article 23(8) of the Constitution.
  3. What sentence is appropriate after the original sentence is set aside as a nullity.

Orders

  • The sentence of 10 years' imprisonment is set aside.
  • The appellant is sentenced to 8 years, 1 month and 12 days' imprisonment.
  • The sentence shall run from 20th November, 2019 when the appellant was sentenced.

Key headnotes

Criminal Sentencing — Article 23(8) — Mandatory Account of Period Spent on Remand
Where a person is convicted and sentenced to imprisonment, the period spent in lawful custody before completion of trial must be taken into account in imposing the sentence; a sentence arrived at without taking the remand period into consideration is illegal and a nullity for failure to comply with a mandatory constitutional provision.
Plea Bargaining — Judicial Approval — Court's Duty to Verify Compliance with Law
A sentence following a plea bargain is not immune from appellate interference and may be set aside if shown to be illegal; before endorsing a plea bargain agreement the court must satisfy itself, in consultation with the parties under the Judicature (Plea Bargain) Rules 2016, that all matters of law and fact, including the period spent on remand, have been taken into account.
Appellate Sentencing — Power to Re-sentence — Section 11 Judicature Act
Where an illegal sentence is set aside, the appellate court may, under section 11 of the Judicature Act, exercise the same power as the trial court to impose an appropriate sentence, weighing the aggravating and mitigating factors and deducting the period spent on remand.
Appellate Review of Sentence — Grounds for Interference
An appellate court may interfere with a trial court's sentence only where the sentence is illegal, based on a wrong principle, overlooks a material factor, or is manifestly excessive or so low as to amount to a miscarriage of justice.

Legislation cited (7)

  • Penal Code Act Cap 120 s.285
  • Penal Code Act Cap 120 s.286
  • Constitution of Uganda Article 23(8)
  • Judicature Act Cap 13 s.11
  • Judicature (Plea Bargain) Rules 2016 r.4
  • Judicature (Plea Bargain) Rules 2016 r.8(2)
  • Rules of the Court of Appeal r.30(1)

Cases cited (6)

  • Rwabugande Moses v Uganda (Criminal Appeal No. 25 of 2014)
  • Kifamunte Henry v Uganda (Criminal Appeal No. 10 of 1997)
  • Kizito Senkula v Uganda (Criminal Appeal No. 24 of 2001)
  • Ogalo s/o Ouruora V Republic (1954) 27 EACA 726
  • Wetga Twayint & Ongango Peter v Uganda (Criminal Appeal No. 532 of 2016)
  • Africa Wycliffe and Magabali Ismail alias Jose v Uganda (Criminal Appeal No. 522 of 2016)
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.