Wakilii

Mutende v Uganda [2023] UGSC 26

Supreme Court · 2023 Appeal Dismissed ✦ AI-generated summary ↓ Download
Jurisdiction
Uganda
Case Type
Second criminal appeal against sentence only, from a Court of Appeal decision upholding a High Court murder conviction and sentence
Decision
Appeal dismissed; the appellant's sentence of life imprisonment upheld

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Holding

The Court entertained the appeal because, although the legality-of-sentence ground had not been raised before the Court of Appeal, an exception to the rule against new grounds applies where the matter touches illegality, and the appeal fell within section 5(3) of the Judicature Act as an appeal against sentence on a matter of law. On the merits, the Court held that the sentence of "imprisonment for the rest of his natural life" is life imprisonment, which (per Tigo Stephen v Uganda) means imprisonment for the natural life term of a convict and is a penalty stipulated in Ugandan law. The sentence was therefore neither vague nor illegal and did not contravene Article 28(12). The appeal was dismissed.

Facts

The appellant was indicted for the murder of two persons contrary to sections 188 and 189 of the Penal Code Act. The High Court convicted him and sentenced him to imprisonment for the rest of his natural life. The Court of Appeal upheld both the conviction and sentence, noting the appellant had not appealed against the sentence. The appellant then appealed to the Supreme Court against sentence only, on the sole ground that the Justices of Appeal erred in confirming an illegal sentence. He contended that the words "imprisonment for the rest of his natural life" do not appear in the penal law, rendering the sentence vague and contrary to Article 28(12) of the Constitution; the statute provided only for imprisonment for life. The respondent maintained that the wording was consistent with the sentence of imprisonment for life prescribed by the Penal Code Act.

Issues

  1. Whether the Court could entertain a ground challenging the legality of sentence that had not been raised or argued before the Court of Appeal.
  2. Whether a sentence of "imprisonment for the rest of his natural life" is vague and not prescribed by law, thereby contravening Article 28(12) of the Constitution.

Orders

  • Appeal dismissed for lack of merit.
  • The appellant's sentence as upheld by the Court of Appeal is upheld.

Key headnotes

Criminal Procedure — Appeals — Grounds not raised in the court below — Exception for illegality
An appellate court will not ordinarily determine a ground that was not raised and considered in the court below, but an exception applies where the ground touches the legality of the matter, since a court of law cannot sanction what is illegal.
Criminal Procedure — Appeal against sentence — Scope under section 5(3) of the Judicature Act
On an appeal against a sentence not fixed by law, the accused may appeal to the Supreme Court only on a matter of law and not on the severity of the sentence; a challenge to the legality of a sentence is a matter of law within section 5(3) of the Judicature Act.
Sentencing — Life imprisonment — Meaning of "imprisonment for the rest of the natural life"
A sentence of imprisonment for the rest of a convict's natural life constitutes life imprisonment, which means imprisonment for the natural life term of the convict subject to remissions earned, and is a lawful penalty stipulated in Ugandan law.
Constitutional Law — Article 28(12) — Penalty prescribed by law
A sentence of imprisonment for the natural life of a convict is a penalty prescribed by law and does not offend Article 28(12) of the Constitution, which requires that an offence be defined and its penalty prescribed by law.

Legislation cited (4)

  • Penal Code Act s.188
  • Penal Code Act s.189
  • Judicature Act s.5(3)
  • Constitution of Uganda art.28(12)

Cases cited (4)

  • Rwabugande Moses v Uganda (Criminal Appeal No. 25 of 2014)
  • Tigo Stephen v Uganda (Criminal Appeal No. 8 of 2009)
  • Kwashaho Francis & 2 Ors v Uganda (Criminal Appeal No. 85 of 2018)
  • Kisugu Quarries v The Administrator General (Civil Appeal No. 10 of 1998)
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.