Kasajja v Uganda (Criminal Appeal 552 of 2015)

Court of Appeal · [2024] UGCA 163 · 2024 Sentence Reduced ✦ AI-generated summary ↓ Download

Jurisdiction

Uganda

Case Type

Criminal appeal against sentence only from a High Court conviction on a plea of guilty

Decision

Appeal against sentence allowed; 17-year sentence set aside and substituted with 14 years and six months' imprisonment running from 29 April 2014.

The full judgment

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Holding

The Court of Appeal held that the 17-year sentence was illegal because, although the trial judge acknowledged that the appellant had spent two and a half years on remand, she never expressly stated that she had taken that period into account when imposing sentence, contrary to the mandatory requirement of Article 23(8) of the Constitution. The court rejected the respondent's argument that the word "consequently" preceding the sentence showed the remand period had been considered, finding it referred only to the aggravating factors. Invoking section 11 of the Judicature Act, the court set aside the sentence, deducted the remand period and substituted a sentence of 14 years and six months' imprisonment to run from the date of conviction.

Facts

The appellant was convicted, on his own plea of guilty, of aggravated defilement contrary to section 129(3) of the Penal Code Act. The particulars were that on 10 October 2011, at Kisaba landing site in Kalangala district, he performed a sexual act with a girl under the age of 14. The High Court sentenced him to 17 years' imprisonment. In passing sentence, the trial judge noted that the appellant was 22 years old, had pleaded guilty at the earliest opportunity, appeared remorseful, and had been on remand for two and a half years, but also emphasised the gravity of the offence and the need for a deterrent sentence. The appellant appealed against sentence only, contending that the trial judge had not taken his remand period into account as required by Article 23(8) of the Constitution.

Issues

Whether the sentence of 17 years' imprisonment was illegal for failing to take into account the period the appellant had spent on remand as required by Article 23(8) of the Constitution.

Orders

Appellant's applications for extension of time, leave to appeal against sentence only, and to amend the submission granted.
Sentence of 17 years' imprisonment found illegal and set aside.
Substituted sentence of 14 years and six months' imprisonment imposed, to be served from the date of conviction (29 April 2014).

Key headnotes

Criminal Sentencing — Article 23(8) — Mandatory Consideration of Remand Period

A custodial sentence is illegal where the sentencing court fails to take into account, as mandatorily required by Article 23(8) of the Constitution, the period the convict spent in lawful custody before the completion of his trial.

Constitutional Interpretation — "Take Into Account" Under Article 23(8) — No Mathematical Formula but Consideration Must Appear on the Record

While the requirement under Article 23(8) to "take into account" the remand period does not oblige the court to apply a mathematical formula deducting the exact period served on remand, the sentencing court must nonetheless demonstrate on the record that it actually considered that period; a mere acknowledgement of the remand period, without more, does not satisfy the constitutional duty.

Appeal Against Sentence — Powers of the Court of Appeal — Section 11 Judicature Act

Where a sentence is found to be illegal, the Court of Appeal may invoke its powers under section 11 of the Judicature Act to set aside the sentence and substitute one that properly accounts for the remand period, to run from the date of conviction.

Legislation cited (3)

Penal Code Act s.129(3)
Constitution of the Republic of Uganda Article 23(8)
Judicature Act s.11

Cases cited (5)

Kizito Senkula v Uganda (Supreme Court Criminal Appeal No. 24 of 2001)
Kabuye Senvewo v Uganda (Supreme Court Criminal Appeal No. 22 of 2002)
Katende Ahamad v Uganda (Supreme Court Criminal Appeal No. 5 of 2004)
Bukenya Joseph v Uganda (Supreme Court Criminal Appeal No. 17 of 2010)
Rwabugande Moses v Uganda (Supreme Court Criminal Appeal No. 25 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.