Wakilii

Ategka Yubu v Uganda (Criminal Appeal No. 0066-2019)

Court of Appeal · [2025] UGCA 184 · 2025 Appeal Dismissed ✦ AI-generated summary ↓ Download
Jurisdiction
Uganda
Case Type
Criminal appeal from High Court conviction and sentence; pursued only on sentence
Decision
Appeal dismissed; appellant to continue serving the life sentence imposed at trial.

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Holding

The appellant, convicted on two counts of murder of two three-year-old children and sentenced to life imprisonment on each count (to run concurrently), appealed only against sentence as manifestly harsh and excessive. The Court of Appeal restated the settled principle that an appellate court will not interfere with a trial court's sentencing discretion unless the sentence is manifestly excessive or so low as to amount to a miscarriage of justice, ignores an important matter, or is wrong in principle. Finding that the trial Judge had considered both aggravating and mitigating factors before passing sentence, the Court held the sentence should not be faulted and dismissed the appeal.

Facts

The appellant was cohabiting with Tumusiime Jacqueline at Kasambya village, Waiga "B", Masindi District. Tumusiime was the mother of twins, Nyangoma Rosemary and Kato Joseph (the deceased). On the night of 20 January 2013, the appellant picked a quarrel with Tumusiime over alleged adultery and a fight ensued. Tumusiime went to the home of Mustafa Unegiu, the Mayor of the Trading Centre, seeking help to collect her property. Before they left, the appellant arrived and tried to hit Tumusiime but was held back and moved away. The appellant was then seen picking a panga from outside his house, entered the house, and a sound was heard from inside. When Mustafa Unegiu and a woman named Beatrice entered the house, they found the two children had been cut on their heads and were dead. The appellant was indicted and convicted on two counts of murder and sentenced to life imprisonment on each count.

Issues

  1. Whether the sentence of life imprisonment imposed by the trial court was manifestly harsh and excessive so as to warrant interference by the appellate court.

Orders

  • Appeal dismissed.
  • Sentence of life imprisonment on each count (to run concurrently) upheld.

Key headnotes

Criminal Law & Procedure — Sentencing — Appellate Interference with Trial Court's Discretion
An appellate court will not interfere with a sentence imposed in the exercise of a trial court's sentencing discretion unless the sentence is manifestly excessive or so low as to amount to a miscarriage of justice, the trial court failed to consider an important matter or circumstance, or the sentence is wrong in principle.
Criminal Law & Procedure — Sentencing — Consideration of Aggravating and Mitigating Factors
Where the trial Judge has considered both the aggravating and mitigating factors before passing sentence, the sentence is not open to fault and the appellate court will decline to interfere with it.
Criminal Law & Procedure — First Appeal — Duty of First Appellate Court
A first appellate court is under a duty to reappraise all the material evidence adduced before the trial court and reach its own conclusions of fact and law, while making allowance for the fact that it neither saw nor heard the witnesses testify.

Legislation cited (3)

  • Penal Code Act Cap 120 s.188
  • Penal Code Act Cap 120 s.189
  • Judicature (Court of Appeal Rules) Directions Rule 30(1)

Cases cited (3)

  • Wamutabanewe Jamiru v Uganda (Supreme Court Criminal Appeal No. 74 of 2007)
  • Kiwalabye Bernard v Uganda (Supreme Court Criminal Appeal No. 143 of 2001)
  • Henry Kifamunte v Uganda (Supreme Court Criminal Appeal No. 10 of 1997)
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.