Wakilii

Kaddu v Uganda [2019] UGSC 19

Supreme Court · 2019 Appeal Dismissed ✦ AI-generated summary ↓ Download
Jurisdiction
Uganda
Case Type
Second criminal appeal to the Supreme Court against sentence only, from the Court of Appeal's decision substituting death with life imprisonment
Decision
Appeal against sentence dismissed; sentence of life imprisonment upheld

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Cited — treatment unverified cited in 2 (treatment unverified) Derived from citing cases in the Wakilii corpus — not an assertion that this case is good law.

AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions — always read the source judgment before relying on it.

Holding

On a second appeal against sentence following a murder conviction, the Supreme Court held that Article 23(8) of the Constitution, which requires the period spent on remand to be deducted, applies only to a quantified, deductible term of imprisonment and not to a sentence of life imprisonment or death. Following Magezi Gad v Uganda, the appellant's complaint that his remand period was not deducted could not stand. The Court further held that the Court of Appeal had properly re-stated and reconsidered the mitigating factors before reducing the death sentence to life imprisonment, that an appropriate sentence is a matter for the sentencing court's discretion turning on each case's facts, and that life imprisonment was a legal sentence. The appeal was dismissed.

Facts

The appellant and Scovia Balyama Nansubuga (PW5) cohabited for about four years in Mawotto village, Goma Sub-County, Mukono District, before separating. Nansubuga then began living with the deceased, Sande Byangoma Paul, in the same village. On the night of 24 January 2008, between 9pm and 10pm, the appellant went to the deceased's house armed with a panga and found the deceased standing at his entrance in the company of Nansubuga. The appellant inflicted fatal injuries on the deceased with the panga. He was arrested, charged, tried, convicted of murder and sentenced to death. On appeal, the Court of Appeal upheld the conviction but substituted the death sentence with life imprisonment.

Issues

  1. Whether Article 23(8) of the Constitution, requiring that the period spent on remand be taken into account in sentencing, applies to a sentence of life imprisonment.
  2. Whether the Court of Appeal failed to take into account the appellant's mitigating factors, thereby rendering the sentence of life imprisonment illegal and manifestly excessive.

Orders

  • The appeal lacks merit and is dismissed.
  • The sentence of life imprisonment is upheld.

Key headnotes

Sentencing — Article 23(8) of the Constitution — Application to life imprisonment and death sentences
Article 23(8) of the Constitution, requiring that the period a convict spent in lawful custody before completion of trial be taken into account, applies only to a sentence for a quantified, deductible term of imprisonment and not to a sentence of life imprisonment or death.
Sentencing — Appellate interference with sentencing discretion
An appellate court will not interfere with a sentence imposed by a court exercising its sentencing discretion unless the sentence is manifestly excessive or so low as to amount to a miscarriage of justice, or the sentencing court ignored a material consideration or acted on a wrong principle.
Sentencing — Discretion of sentencing court — Weight of comparable sentences
An appropriate sentence is a matter for the discretion of the sentencing court, and each case is decided on its own facts; sentences imposed in other comparable cases do not oblige the court to impose a similar sentence.

Legislation cited (3)

  • Penal Code Act s.188
  • Penal Code Act s.189
  • Constitution of Uganda 1995 Article 23(8)

Cases cited (7)

  • Kizito Senkula v Uganda (Criminal Appeal No. 24 of 2001)
  • Mbunya Godfrey v Uganda (Criminal Appeal No. 4 of 2011)
  • Akbar Hussein Godi v Uganda (Criminal Appeal No. 3 of 2013)
  • Susan Kigula v Uganda (Constitutional Appeal No. 3 of 2006)
  • Kiwalabye Bernard v Uganda (Criminal Appeal No. 143 of 2001)
  • Umar Sebidde v Uganda (Criminal Appeal No. 22 of 2002)
  • Magezi Gad v Uganda (Criminal Appeal No. 17 of 2014)
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.