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Mabirizi v Uganda (Criminal Appeal 129 of 2019)

Court of Appeal · [2024] UGCA 319 · 2024 Appeal Partly Allowed — Sentence Reduced ✦ AI-generated summary ↓ Download
Jurisdiction
Uganda
Case Type
Criminal appeal from High Court conviction and sentence for aggravated robbery
Decision
Convictions confirmed; sentences reduced to 7 years and 2 months on each count, served consecutively, after deduction of the remand period.

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Holding

The Court struck out the first two grounds of appeal as offending rule 66(2) of the Court of Appeal Rules for being general and imprecise, but nonetheless reviewed the record and confirmed the convictions for aggravated robbery, finding the case proved beyond reasonable doubt. On sentence, it held that consecutive service was a proper exercise of discretion given two distinct victims, but that the trial judge had failed to deduct the remand period as stated, and that the total term exceeded the sentencing range for comparable cases. Invoking section 11 of the Judicature Act, it set aside the 20-year terms, substituted 10 years on each count, deducted 2 years and 10 months, leaving 7 years and 2 months on each count, to run consecutively.

Facts

On 13 July 2014, motorists travelling from South Sudan towards Kampala along the Gulu-Kampala Road at Yandwe were waylaid by assailants posing as traffic police, who were armed with guns, knives and sticks, beat the victims, and robbed them of laptops, cash, phones and other property. On 28 July 2014 police on patrol arrested the appellant, who was found with police-like reflector jackets, pangas, a metal bar and other items. He told police he was returning from a robbery mission targeting vehicles from South Sudan, and led officers to his residence and to associates' homes, where stolen property was recovered. Victims later identified their recovered laptops and phones, and one victim purportedly identified the appellant at an identification parade. The appellant denied the charges, underwent full trial, and was convicted on two counts of aggravated robbery and sentenced to 20 years on each count, to be served consecutively.

Issues

  1. Whether the first and second grounds of appeal, alleging failure to appraise the evidence, were framed with the precision required by rule 66(2) of the Court of Appeal Rules.
  2. Whether the trial judge failed to consider and deduct the period the appellant spent on remand.
  3. Whether the order that the two sentences be served consecutively was made in error.
  4. Whether the consecutive sentences of 20 years' imprisonment on each count were manifestly excessive.

Orders

  • First and second grounds of appeal struck out for offending rule 66(2) of the Court of Appeal Rules.
  • Convictions on both counts of aggravated robbery upheld.
  • Sentences of 20 years' imprisonment on each count set aside.
  • Appellant sentenced to 10 years' imprisonment on each count, less 2 years and 10 months for the remand period.
  • Appellant to serve 7 years and 2 months on each count, to be served consecutively.

Key headnotes

Criminal Procedure — Appeals — Grounds of Appeal — Rule 66(2) of the Court of Appeal Rules
A memorandum of appeal must set out the grounds of objection concisely and specify the points of law or fact alleged to have been wrongly decided; grounds that are general and do not identify any specific error, requiring the court to roam the whole record for unspecified wrongs, are defective under rule 66(2) and will be struck out.
Criminal Procedure — Appeals — New grounds — Rule 74(1)(a) of the Court of Appeal Rules
An appellant may not, without leave of the court, argue any ground of appeal not specified in the memorandum or any supplementary memorandum; submissions raising fresh issues not in the memorandum and without leave are contrary to rule 74(1)(a).
Sentencing — Appellate interference with sentence — Manifestly excessive sentence
An appellate court cannot interfere with the sentencing discretion of a trial court unless the court acted on a wrong principle, overlooked material facts, or imposed a sentence so manifestly high or low as to cause a miscarriage of justice; intervention is warranted only where the sentence exceeds the permissible range.
Sentencing — Consecutive sentences — Section 2(2) of the Trial on Indictments Act
Where a person is convicted of two or more distinct offences, the general rule is that the High Court imposes consecutive sentences, and sentences will run concurrently only if the court so directs; a decision on the mode of service is discretionary but must be supported by reasons, and the total cumulative sentence must be proportionate to the offending.
Sentencing — Deduction of remand period
A sentencing court that states the remand period is to be deducted must in fact deduct it and indicate the exact number of years to be served; a failure merely to perform the deduction is a curable omission that an appellate court may remedy.
Sentencing — Consistency and sentencing range — Aggravated robbery
Consistency with sentences imposed in comparable cases is a relevant sentencing principle; where the total term to be served after deduction of remand falls outside the range imposed in similar aggravated robbery cases, the appellate court may set the sentence aside and substitute a proportionate term under section 11 of the Judicature Act.

Legislation cited (9)

  • Penal Code Act Cap. 120 s.285
  • Penal Code Act Cap. 120 s.286(2)
  • Court of Appeal Rules rule 66(2)
  • Court of Appeal Rules rule 74(1)(a)
  • Court of Appeal Rules rule 67
  • Trial on Indictments Act s.2(2)
  • Judicature Act s.11
  • Sentencing Guidelines Guideline 8
  • Sentencing Guidelines Guideline 6(c)

Cases cited (11)

  • Mugerwa John v Uganda (Criminal Appeal No. 375 of 2020)
  • Sseremba Denis v Uganda (Criminal Appeal No. 480 of 2017)
  • Oryek v Uganda (Criminal Appeal No. 21 of 2016)
  • Kiwalabye Bernard v Uganda (Criminal Appeal No. 143 of 2001)
  • Magala Ramathan v Uganda (Criminal Appeal No. 1 of 2014)
  • Ndwandwe v Rex [2012] SZSC 39
  • Aharikundira Yustina v Uganda (Criminal Appeal No. 27 of 2015)
  • Rutabingwa James v Uganda (Criminal Appeal No. 57 of 2011)
  • Lule Akim v Uganda (Criminal Appeal No. 274 of 2015)
  • Ntambi Robert v Uganda (Criminal Appeal No. 334 of 2019)
  • Owma Cota & 2 Others v Uganda (Criminal Appeal Nos. 123, 126 & 128 of 2022)
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.