Wakilii

Mayengo and Another v Uganda (Criminal Appeal No. 362 of 2019)

Court of Appeal · [2021] UGCA 41 · 2021 Appeal Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Criminal appeal from High Court conviction and sentence for murder
Decision
Appeal dismissed; 1st Appellant to continue serving sentence of 26 years and 4 months from 12 July 2018; 2nd Appellant's appeal dismissed as withdrawn.

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Holding

The Court of Appeal dismissed the 1st Appellant's appeal against conviction and sentence for murder. On age, the Court upheld the trial Judge's finding that the Appellant was an adult (19 years) at the time of the offence, as established during a preliminary hearing under section 66 of the Trial on Indictments Act with the Appellant's consent, and that the defence birth certificate and the mother's evidence were fabricated. On sentence, the Court held that an appellate court will not interfere unless the sentence is manifestly excessive, wrong in principle, or reflects failure to consider relevant matters. The 26 years and 4 months sentence was appropriate given the circumstances. The 2nd Appellant's appeal had earlier been dismissed as withdrawn.

Outcome

Appeal dismissed; 1st Appellant to continue serving sentence of 26 years and 4 months from 12 July 2018; 2nd Appellant's appeal dismissed as withdrawn.

Facts

On the night of 3 November 2014 near Bata-Bata stage along Kampala-Entebbe Road, three brothers took a taxi and each paid only part of the demanded fare, refusing to pay the balance. They then hired the 1st Appellant, a boda-boda rider, to transport them. The taxi driver and conductor pursued the brothers by boda-boda, overtaking the 1st Appellant's motorcycle. The brothers jumped off and fled in different directions while the taxi driver and conductor raised an alarm that thieves were being chased. A mob, including the 1st Appellant, joined the pursuit. Two brothers escaped, but the deceased, Nakibinge Dickson, was caught near a well and assaulted to death by the mob past midnight. The 1st and 2nd Appellants were identified among those who assaulted the deceased. They were arrested, charged, tried, convicted of murder and sentenced by the High Court at Kampala. The 1st Appellant beat the deceased with an electric cable and dragged him around the scene while he was weak and helpless.

Issues

  1. Whether the trial Judge erred in failing to find that the 1st Appellant was a minor at the time the offence was committed.
  2. Whether the sentence of 26 years and 4 months imprisonment imposed on the 1st Appellant was manifestly harsh and excessive.

Orders

  • Ground 2 of the appeal disallowed.
  • Ground 3 of the appeal fails.
  • Appeal dismissed.
  • 1st Appellant to continue serving 26 years and 4 months imprisonment starting from the date of conviction, 12 July 2018.
  • Appeal of the 2nd Appellant dismissed as withdrawn under Rule 70(1) of the Judicature (Court of Appeal) Rules.

Rules and key headnotes

Sentencing — Age of Accused — Proof of Adulthood via Preliminary Hearing Admissions
Where the age of an accused is admitted as duly proved under section 66(3) of the Trial on Indictments Act during a preliminary hearing conducted with the consent and understanding of the accused and counsel, that fact is deemed proved beyond reasonable doubt, and later defence evidence asserting minority may be rejected as fabricated.
Assessment of Witness Credibility and Documentary Evidence — Deference to Trial Judge on Demeanour
A first appellate court, lacking the opportunity to observe witness demeanour, will defer to the trial judge's assessment of credibility unless factors at trial render it necessary to depart; a trial judge may reject a birth certificate as fabricated where physical examination shows fresh handwriting on aged, faded paper.
Sentencing — Appellate Interference with Trial Court's Sentence
An appellate court will not interfere with a sentence imposed in the exercise of the trial court's discretion unless the sentence is manifestly excessive or so low as to amount to a miscarriage of justice, or the trial court ignored an important matter, or the sentence is wrong in principle.

Legislation cited (10)

Cases cited (5)

  • Kifamunte v Uganda (Criminal Appeal No. 10 of 1997)
  • Kemba John Emmanuel and Another v Uganda (Criminal Appeal No. 187 of 2013)
  • Bukenya v Uganda (Criminal Appeal No. 51 of 2007)
  • Sunday v Uganda (Criminal Appeal No. 103 of 2006)
  • Byaruhanga v Uganda (Criminal Appeal No. 144 of 2007)

Full judgment

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

Mayengo and Another v Uganda (Criminal Appeal No. 362 of 2019) [2021] UGCA 41 (22 July 2021)
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.