Wakilii

Karisa v Uganda (Criminal Appeal 23 of 2016)

Supreme Court · [2019] UGSC 21 · 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 confirmation of a life sentence for murder
Decision
Appeal against sentence dismissed; sentence of life imprisonment upheld.

The full judgment

Read the complete, verbatim text of this judgment.

Sign in to read the full judgment
Treatment recorded in citing cases followed in 1 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

The Supreme Court dismissed a second appeal against a life sentence for murder. It held that under section 5(3) of the Judicature Act an appeal against sentence lies only on a matter of law, not severity, and that the framing of the ground in counsel's submissions was both barred and argumentative contrary to Rule 82(1). On the merits, the trial judge had properly weighed the mitigating and aggravating factors before sentencing, so there was no basis to interfere. The arithmetical deduction of remand time required by Rwabugande v Uganda had no retrospective effect on sentences passed before 2017, and in any event Article 23(8) is inapplicable to an indefinite life sentence.

Facts

On the evening of 19 August 2004 the appellant, a grandson of the deceased, visited the deceased's home and demanded to see him. He went to the main house where the deceased was and, after about an hour, left. When other family members checked on the deceased they found him dead, having been savagely cut. As the last person seen with the deceased while alive, the appellant was suspected, arrested and charged with murder. He was tried before Gidudu, J., convicted of murder, and sentenced to life imprisonment. In mitigation it was urged that the appellant was 22 years old at the time of the offence, a youthful and first offender capable of reform, remorseful, and had spent close to six years on remand. The trial judge considered these factors but found the aggravating circumstances—that the deceased had raised and provided for the appellant yet was brutally killed in his own home—far outweighed them. The Court of Appeal confirmed the sentence. The appellant appealed to the Supreme Court against sentence only.

Issues

  1. Whether a ground of appeal challenging the severity of a sentence is competent in the Supreme Court under section 5(3) of the Judicature Act.
  2. Whether the Court of Appeal erred in failing to consider the appellant's mitigating factors and to interfere with the trial court's sentence.
  3. Whether the lower courts failed to comply with Article 23(8) of the Constitution by not accounting arithmetically for the period spent on remand.
  4. Whether Article 23(8) of the Constitution applies to a sentence of life imprisonment.

Orders

  • The appeal is dismissed.
  • The sentence of life imprisonment imposed by the trial court and confirmed by the Court of Appeal is upheld.

Key headnotes

Criminal Procedure — Appeals to Supreme Court — Severity of Sentence Barred
Under section 5(3) of the Judicature Act an appellant may appeal to the Supreme Court against a sentence or order, other than one fixed by law, only on a matter of law, and not on the ground of the severity of the sentence.
Criminal Procedure — Memorandum of Appeal — Form of Grounds
Under Rule 82(1) of the Judicature (Supreme Court Rules) Directions, a memorandum of appeal must set forth the grounds of objection concisely and under distinct heads, without argument or narrative; a ground that incorporates the appellant's views and contentions is argumentative and liable to be struck out.
Criminal Procedure — Sentencing — Appellate Interference with Discretion
An appellate court will not interfere with a trial judge's exercise of sentencing discretion unless the sentence is illegal, is manifestly excessive or so low as to amount to a miscarriage of justice, or the trial court failed to take into account a material consideration, took into account an immaterial one, or erred in principle.
Constitutional Law — Article 23(8) — Remand Period — No Retrospective Effect of Rwabugande
The requirement in Rwabugande Moses v Uganda that the period spent on remand be deducted arithmetically from sentence has no retrospective effect on sentences passed before that decision; courts that passed or confirmed such earlier sentences in accordance with the then-prevailing practice cannot be faulted.
Constitutional Law — Article 23(8) — Inapplicability to Life Imprisonment
Article 23(8) of the Constitution is inapplicable where a sentence of life imprisonment is imposed, because such a sentence is indefinite.

Legislation cited (3)

  • Judicature Act s.5(3)
  • Constitution of the Republic of Uganda Article 23(8)
  • Judicature (Supreme Court Rules) Directions Rule 82(1)

Cases cited (19)

  • Nzabaikukize Jamada v Uganda (Criminal Appeal No. 1 of 2015)
  • Sewanyana Livingstone v Uganda (Criminal Appeal No. 19 of 2006)
  • Bonyo Abdul v Uganda (Criminal Appeal No. 7 of 2011)
  • Okello Geoffrey v Uganda (Criminal Appeal No. 34 of 2014)
  • Abelle Asuman v Uganda (Criminal Appeal No. 66 of 2016)
  • Kiwalabye Bernard v Uganda (Criminal Appeal No. 143 of 2001)
  • Mugasa Joseph v Uganda (Criminal Appeal No. 10 of 2010)
  • Rwabugande Moses v Uganda (Criminal Appeal No. 25 of 2014)
  • Sebunya Robert & anor v Uganda (Criminal Appeal No. 58 of 2016)
  • Kyalimpa Edward v Uganda (Criminal Appeal No. 10 of 1995)
  • R v. Haviland (1983) 5 Cr. App. R(s) 109
  • Ogalo s/o Owoura Vs R. (1954) 1 E.A.C.A.270
  • R.V Mohamedali Jamal [1948] 1 E.A.C.A 126
  • Kamya Johnson Wavamuno v Uganda (Criminal Appeal No. 16 of 2000)
  • Turyahabwe and 12 Others v Uganda (Criminal Appeal No. 50 of 2015)
  • Kizito Senkaula v Uganda (Criminal Appeal No. 24 of 2001)
  • Kabuye Senyawo v Uganda (Criminal Appeal No. 2 of 2002)
  • Duke Mabaya Gwaka v Uganda (Criminal Appeal No. 59 of 2015)
  • Magezi 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.