Wakilii

Turyatemba v Uganda (Criminal Appeal 255 of 2019)

Court of Appeal · [2024] UGCA 281 · 2024 Appeal Partly Allowed ✦ AI-generated summary ↓ Download
Jurisdiction
Uganda
Case Type
Criminal appeal from High Court conviction and sentence for murder and aggravated robbery
Decision
Conviction upheld; sentence set aside and appellant re-sentenced to 33 years 4 months for murder and 24 years 4 months for aggravated robbery, to run concurrently from 17 April 2018.

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Holding

The Court dismissed the conviction grounds: although there was no direct evidence, ample circumstantial evidence corroborated the prosecution case — the co-accused's charge and caution statement placed the appellant at the scene and, under the doctrine of common intention, proved his participation, and the information the appellant and his co-accused gave led police to recover the deceased's body parts and stolen vehicle spares. On sentence, the trial judge did not demonstrably weigh the mitigating against the aggravating factors, so the Court set aside the sentence and, under section 11 of the Judicature Act, re-sentenced the appellant to 33 years 4 months for murder and 24 years 4 months for aggravated robbery, to run concurrently.

Facts

On 8 May 2012 at Mpanga Village, Kamwenge district, a group including the appellant (A2) murdered Kizito Miiro and robbed him of his Toyota Premio motor vehicle, the property of Mawanda Abdallah. The appellant's co-accused, Makuwa Jackson (A1), told police that the group killed the deceased intending to rob the vehicle, and described the appellant's role as using a hammer to crush the deceased's chest, banging him three times until he died, after which they dumped the body in River Mpanga and drove the vehicle to Congo. The appellant and A1 led police to where the body was dumped — decomposed remains were recovered — and to where vehicle spare parts were kept, which were recovered; a photograph showed the appellant and A1 holding recovered items. DNA analysis linked blood recovered from the car to the deceased's father. A1 executed a plea bargain after the prosecution closed its case. The appellant gave sworn evidence denying involvement, claiming he had reported the matter to the LC1 and was forced to confess. He was convicted and sentenced to 34 years 4 months' imprisonment.

Issues

  1. Whether the appellant's conviction could be sustained on accomplice evidence that was allegedly uncorroborated.
  2. Whether circumstantial evidence, including the co-accused's charge and caution statement, corroborated the prosecution case and proved the appellant's participation in murder and aggravated robbery.
  3. Whether the sentence was harsh and excessive because the trial judge failed to consider the mitigating factors.

Orders

  • Grounds 1 and 2 of the appeal dismissed for lack of merit.
  • Conviction upheld.
  • Sentence of 34 years and 4 months set aside.
  • Appellant sentenced afresh to 33 years and 4 months for murder and 24 years and 4 months for aggravated robbery, to run concurrently from 17 April 2018.

Key headnotes

Evidence — Accomplice Evidence — Requirement and Nature of Corroboration
Where an accused is convicted on the evidence of an accomplice, the corroboration required is corroboration in some material particular tending to show that the accused committed the crime and confirming his identity in relation to the crime; circumstantial evidence of his connection to the crime is sufficient and corroboration need not extend to every circumstance.
Evidence — Confession by Co-Accused — Section 27 Evidence Act — Common Intention
Under section 27 of the Evidence Act, where persons are jointly tried for the same offence, a confession by one implicating both himself and a co-accused may be taken into consideration against that co-accused; where such a charge and caution statement places both at the scene of the crime, the doctrine of common intention renders it proof of the co-accused's participation.
Evidence — Circumstantial Evidence — Recovery Following Information Supplied by Accused
Information given by an accused person leading to the recovery of the murder weapon, the deceased's body, or stolen items corroborates prosecution evidence and may be safely relied upon to convict, since the accused would not have known the location of such items unless he had taken part in the crime.
Criminal Procedure — Sentencing — Duty to Weigh Mitigating Against Aggravating Factors
A sentencing court must record the matters submitted in mitigation and demonstrate on the record that it weighed the mitigating factors against the aggravating factors; a failure to show such consideration entitles an appellate court to set aside the sentence and sentence the convict afresh.
Criminal Procedure — Appellate Interference With Sentence — Threshold
An appellate court will not interfere with a sentence imposed in the exercise of the trial court's discretion unless the sentence is manifestly excessive or so low as to amount to a miscarriage of justice, the trial court ignored an important matter or circumstance, or the sentence was imposed on a wrong principle.

Legislation cited (9)

  • Penal Code Act s.188
  • Penal Code Act s.189
  • Penal Code Act s.285
  • Penal Code Act s.286(2)
  • Evidence Act s.27
  • Evidence Act s.29
  • Judicature Act s.11
  • Judicature (Court of Appeal Rules) Directions Rule 30(1)(a)
  • Constitution of Uganda Article 23(8)

Cases cited (20)

  • Pandya vs R (1957) EA 336
  • Ruwala vs R (1957) EA 570
  • Kifamunte Henry v Uganda (Criminal Appeal No. 10 of 1997)
  • Bogere Moses and Another v Uganda (Criminal Appeal No. 1 of 1997)
  • Rwatinda John v Uganda (Criminal Appeal No. 3 of 2015)
  • R vs Baskerville (1916) 2 KB 658
  • Rameshwar v. V.A. (1952) sc. 54
  • Nasolo vs Uganda (supra)
  • Cpl. Byasigaraho Wilson v Uganda (Criminal Appeal No. 18 of 2003)
  • Bagatenda Peter v Uganda (Criminal Appeal No. 10 of 2006)
  • Aharikundira Yustina vs Uganda, SCCA No.221 of 2005 / Supreme Court Criminal Appeal No. 27 of 2015
  • Kiwalabye Benard v Uganda (Criminal Appeal No. 143 of 2001)
  • Kato Kajubi Geoffrey v Uganda (Criminal Appeal No. 20 of 2014)
  • Ramathan Magala v Uganda (Criminal Appeal No. 01 of 2014) [2017] UGSC 84
  • Atemiga James v Uganda (Criminal Appeal No. 234 of 2017)
  • Odyambo Juventine v Uganda (Criminal Appeal No. 081 of 2016)
  • Guloba Rogers v Uganda (Criminal Appeal No. 27 of 2013)
  • Kayondo v Uganda (Criminal Appeal No. 51 of 2018)
  • Olupot Sharif and Ojangole Peter v Uganda (Criminal Appeal No. 0730 of 2014)
  • Kapolok William v Uganda (Criminal Appeal No. 221 of 2011)
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.