Kanada Godfrey v Uganda (Criminal Appeal No. 861 of 2014)
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Holding
The appellant was convicted of murder and sentenced to 16 years' imprisonment under a plea bargain agreement. He appealed against sentence only, contending the trial judge failed to deduct the period spent on remand. The Court of Appeal found that the period on remand had not been deducted from the agreed sentence. Noting the appellant had actually spent 10 months and 19 days on remand (not 11 months), the Court deducted that period and substituted a sentence of 15 years, 1 month and 11 days running from the date of conviction.
Facts
The appellant was convicted in the High Court at Mukono of murder contrary to sections 188 and 189 of the Penal Code Act and, under a plea bargain agreement, was sentenced to 16 years' imprisonment, the term the parties had agreed. He appealed against sentence only, with leave, on the sole ground that the trial judge had imposed an illegal sentence by failing to take into account the time he had spent on remand. On appeal the period spent on remand was found to be 10 months and 19 days, which had not been deducted from the agreed term. Counsel for the respondent conceded the point.
Issues
- Whether the sentence of 16 years' imprisonment agreed under the plea bargain was illegal for failing to take into account the period the appellant had spent on remand.
Orders
- The period of 10 months and 19 days spent on remand is deducted from the agreed sentence of 16 years.
- The appellant is sentenced to serve 15 years, 1 month and 11 days from the date of his conviction.
Key headnotes
Legislation cited (2)
- Penal Code Act s.188
- Penal Code Act s.189