Wakilii

Aniugo v Uganda (Criminal Appeal No. 391 of 2017)

Court of Appeal · [2022] UGCA 42 · 2022 Appeal Allowed — Sentence Reduced AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Second criminal appeal against sentence only
Decision
Sentence set aside and appellant re-sentenced to a fine of UGX 10,000,000 or 10 years imprisonment in default

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Holding

On a second appeal against sentence for possession of narcotic drugs, the Court of Appeal held that the fine of UGX 100,000,000 and the 11-year default custodial sentence formed a single sentence, so it was an error for the High Court to set aside the fine while maintaining the default term. The Court set aside the incomplete sentence and re-sentenced under section 11 of the Judicature Act. Because there was no valuation certificate to ascertain the value of the drugs, the appropriate penalty was a fine of 500 currency points (UGX 10,000,000), with 10 years imprisonment in default.

Outcome

Sentence set aside and appellant re-sentenced to a fine of UGX 10,000,000 or 10 years imprisonment in default

Facts

On 25 November 2016 at Entebbe International Airport, the appellant was found in possession of 5.4 kilograms of heroin, stated to be valued at UGX 153,360,000. She pleaded guilty and on 14 December 2016 was convicted by the Chief Magistrate's Court of Entebbe of possession of narcotic drugs contrary to section 4(1) and (2)(a) of the Narcotic Drugs and Psychotropic Substances (Control) Act 2015. She was sentenced to a fine of UGX 100,000,000 or, in default, 11 years imprisonment, with an order for deportation to Nigeria after serving the sentence. She appealed to the High Court, which set aside the fine on the ground that there was no valuation certificate for the drugs, but maintained the 11-year default custodial sentence (deducting one year spent on remand). Dissatisfied, she appealed to the Court of Appeal against sentence only, contending that the sentence was manifestly harsh.

Issues

  1. Whether the sentence imposed on the appellant was manifestly harsh and excessive.
  2. Whether the first appellate court erred in setting aside the fine while maintaining the default custodial sentence.

Orders

  • Sentence imposed by the first appellate court set aside for being incomplete.
  • Appellant re-sentenced to a fine of UGX 10,000,000 (500 currency points).
  • In default of payment, appellant to serve 10 years imprisonment.

Rules and key headnotes

Sentencing — Appellate Interference — Wrong Principle or Manifestly Excessive Sentence
An appellate court will only alter a sentence imposed by the trial court where it acted on a wrong principle, overlooked some material factor, or where the sentence is manifestly excessive in the circumstances of the case.
Sentencing — Fine with Default Imprisonment — Single Sentence
Where a custodial term is imposed in default of payment of a fine, the fine and default imprisonment constitute one sentence; it is an error to set aside the fine while maintaining the default custodial term.
Sentencing — Narcotic Drugs — Valuation Certificate — Fine by Currency Points
In the absence of a valuation certificate to ascertain the market value of narcotic drugs, the appropriate penalty under the Narcotic Drugs and Psychotropic Substances (Control) Act 2015 is a fine of not less than 500 currency points, rather than a fine assessed by reference to market value.
Appeals — First Appellate Court — Duty to Re-sentence
A first appellate court, having set aside a defective sentence, should exercise its jurisdiction to set aside the trial court's sentence and re-sentence the accused rather than leave an incomplete sentence standing.

Legislation cited (5)

Cases cited (4)

  • Abaasa Johnson v Uganda (Criminal Appeal No. 33 of 2010)
  • Alex Njuguna Kimani v R (Criminal Appeal No. 65 of 2012)
  • Livingstone Kakooza v Uganda (Criminal Appeal No. 17 of 1993)
  • Ogalo S/O Owoura u R (1954) 27 E.A.C.A. 270

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Aniugo v Uganda (Criminal Appeal No. 391 of 2017) [2022] UGCA 42 (24 February 2022)
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.