Modo v Uganda (Criminal Appeal 740 of 2014)
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Holding
On appeal against sentence only, the respondent conceded that the sentence imposed for two counts of murder was omnibus because it did not specify the sentence per count, rendering it illegal. The court accepted the concession and, finding it unnecessary to decide the second ground, exercised its power under section 11 of the Judicature Act to resentence the appellant. It substituted a sentence of 23 years' imprisonment on each count, deducted the 4 years spent on remand, and ordered the appellant to serve 19 years on each count from the date of conviction, the sentences to run concurrently. The appeal against sentence was allowed.
Facts
On 17 October 2005, at about 9:00 pm, the appellant and two others attacked the home where the two deceased lived, finding them watching a film with others. The assailants demanded money and shortly afterwards shot Nalinga Jesca and her child, Ngorok Reginaldo, both of whom died. They also shot Achongoli Thomas, a brother-in-law to Jesca, who survived. The appellant and the others were identified at the scene and at an identification parade. The appellant was charged with two counts of murder, convicted, and sentenced to death. The Court of Appeal heard the matter, but the Supreme Court set aside the decision and remitted the file to the High Court for resentencing after mitigation in accordance with Attorney General v Susan Kigula. On resentencing, the High Court imposed life imprisonment, giving rise to this appeal against sentence only.
Issues
- Whether the omnibus sentence imposed in respect of two counts of murder, without specifying the sentence per count, was illegal.
- Whether the sentence of life imprisonment was manifestly harsh and excessive.
Orders
- Appeal against sentence allowed.
- Appellant resentenced to 23 years' imprisonment on each of counts 1 and 2.
- Period of 4 years spent on remand deducted from each sentence, leaving 19 years on each count from 1 September 2008 (date of conviction).
- Sentences to run concurrently.
Key headnotes
Legislation cited (4)
- Penal Code Act Cap. 120 s.188
- Penal Code Act Cap. 120 s.189
- Judicature Act s.11
- Judicature (Court of Appeal Rules) Directions S.I. 13-10 rule 30
Cases cited (3)
- Attorney General v Susan Kigula & 417 (Constitutional Appeal No. 3 of 2006)
- Kifamunte Henry v Uganda (Criminal Appeal No. 10 of 1997)
- Kamya Johnson v Uganda (Criminal Appeal No. 16 of 2000)