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Picha v Uganda (Criminal Appeal 330 of 2010)

Court of Appeal · [2024] UGCA 327 · 2024 Appeal Allowed (Sentence Reduced) ✦ AI-generated summary ↓ Download
Jurisdiction
Uganda
Case Type
Criminal appeal against sentence (with leave) following conviction on a plea of guilty in the High Court
Decision
Appeal against sentence allowed; original 50-year sentence set aside and appellant re-sentenced to concurrent terms of 16 years 11 months (murder counts) and 9 years 11 months (attempted murder).

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Holding

Allowing the appeal against sentence, the Court of Appeal held that an order requiring a custodial sentence to be served 'without remission' is unknown to the law and illegal. The trial judge had also failed to account for the period spent on remand as required by Article 23(8) of the Constitution. Exercising its powers under section 11 of the Judicature Act, the Court set aside the 50-year sentence and re-sentenced the appellant to 18 years on each murder count and 10 years for attempted murder, less the remand period, all to run concurrently.

Facts

In September 2009 an assault complaint was registered against the appellant, a police officer at Pajule Police Station. After attempts at settlement failed, the officer-in-charge of CID ordered the appellant placed in police custody. The appellant grabbed a gun and shot dead four people — DC Catogura Akera Alexis, SPC Ochieng Bosco, Oola Fred and Obur Terensio — and injured SPC Okwera Joe. He fled and, after two weeks in hiding, surrendered to police and directed them to the gun used. He was convicted in the High Court on his own plea of guilty on four counts of murder and one count of attempted murder, and sentenced to a cumulative 50 years' imprisonment, ordered to be served without remission. With leave, he appealed only against sentence.

Issues

  1. Whether the trial judge erred in failing to take into account the period the appellant spent on remand when determining the sentence.
  2. Whether an order that a sentence of imprisonment be served 'without remission' is lawful.
  3. Whether the cumulative sentence of 50 years' imprisonment was manifestly excessive.

Orders

  • Appeal against sentence allowed; the sentence of the High Court set aside.
  • Appellant re-sentenced to 18 years' imprisonment on each of counts 1, 2, 3 and 4 (murder), less 1 year and 1 month spent on remand, leaving 16 years and 11 months, to be served concurrently from 1 November 2010.
  • Appellant re-sentenced to 10 years' imprisonment on count 5 (attempted murder), less 1 year and 1 month on remand, leaving 9 years and 11 months, to be served concurrently with counts 1-4 from 1 November 2010.

Key headnotes

Criminal Law & Procedure — Sentencing — Appellate interference with sentence
An appellate court will alter a sentence imposed by a trial court only where the trial court acted on a wrong principle, overlooked a material factor, or where the sentence is manifestly excessive in the circumstances; sentences in previous similar cases, while not precedents, afford material for consideration.
Criminal Law & Procedure — Sentencing — Order to serve sentence 'without remission'
An order that a sentence of imprisonment be served without remission is unknown to the law and is illegal.
Criminal Law & Procedure — Sentencing — Deduction of period spent on remand
In determining a custodial sentence the court is obliged to take into account and deduct the period the convict has spent on remand prior to trial, in accordance with Article 23(8) of the Constitution.

Legislation cited (7)

  • Penal Code Act s.188
  • Penal Code Act s.189
  • Penal Code Act s.204
  • Constitution of Uganda art.23(8)
  • Prisons Act s.84
  • Prisons Act s.85
  • Judicature Act s.11

Cases cited (5)

  • Livingstone Kakooza v Uganda [1994] UGSC 17
  • Kiwalabye Bernard v Uganda (Criminal Appeal No. 143 of 2001)
  • Wamutabanawe Jamiru v Uganda [2018] UGSC 8
  • Amaria Michael v Uganda [2017] UGCA 93
  • Feni Yasin alias Gais v Uganda [2020] UGCA 29
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.