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Mutatina & Anor v Uganda (Criminal Appeal No. 137 of 2011)

Court of Appeal · [2018] UGCA 101 · 2018 Sentence Reduced AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Criminal appeal against sentence from High Court conviction for murder
Decision
Appeal against sentence partly allowed; sentence reduced from 25 to 20 years imprisonment running from date of conviction

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

On an appeal against sentence only, the Court of Appeal held that the 25-year sentence for murder did not amount to or create uncertainty regarding life imprisonment, as life imprisonment means imprisonment for the natural life of the convict per Tigo Steven. The trial Judge had complied with Article 23(8) by considering the remand period. However, comparing the Court's own and Supreme Court precedents, sentences for murder ranged between 15 and 20 years depending on circumstances. The Court found 20 years appropriate, set aside the 25-year sentence and substituted one of 20 years imprisonment to run from the date of conviction.

Outcome

Appeal against sentence partly allowed; sentence reduced from 25 to 20 years imprisonment running from date of conviction

Facts

On the night of 16 November 2007, the deceased (Kichweka Johnson) and his family were sleeping when they heard knocking on their door. A person introduced himself as Mujurizi, an elder brother to the deceased. Believing this, the deceased's wife (PW1, Dina) opened the door and realized it was not Mujurizi but two intruders whom she recognized as the appellants. She tried to lock the door but was overpowered. The second appellant grabbed and assaulted Dina while the first appellant moved to the deceased's bed, removed a knife from his pocket and stabbed the deceased in the chest. The deceased died en-route to hospital after revealing he had recognized one of his attackers. The appellants were arrested, charged with murder, convicted and sentenced to 25 years imprisonment each. They appealed against sentence only, having obtained leave.

Issues

  1. Whether the sentence of 25 years imprisonment imposed for murder amounted to or was within the bracket of life imprisonment and was uncertain.
  2. Whether the trial Judge complied with Article 23(8) of the Constitution in taking into account the period spent on remand.
  3. Whether the sentence of 25 years imprisonment was harsh and manifestly excessive in the circumstances.

Orders

  • Sentence of 25 years imprisonment set aside.
  • Sentence of 20 years imprisonment substituted.
  • Sentence to run from 21 June 2011, the date of conviction.

Rules and key headnotes

Sentencing — Life Imprisonment — Meaning
Life imprisonment means imprisonment for the natural life of the convict, and a fixed term of 25 years imprisonment does not amount to or create uncertainty as to life imprisonment.
Sentencing — Appellate Interference with Sentence
An appellate court will not interfere with a sentence imposed in the exercise of a trial court's discretion unless that discretion was exercised such that 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 acted on a wrong principle.
Sentencing — Period Spent on Remand — Article 23(8) of the Constitution
A trial court complies with Article 23(8) of the Constitution where it takes into account the period spent on remand when imposing sentence; taking remand into account is not necessarily an arithmetical exercise.
Sentencing — Consistency — Sentencing Range for Murder
Sentences for murder imposed by the Court of Appeal range between 15 and 20 years depending on the circumstances of each case, and consistency with comparable precedents guides the appropriate sentence.

Legislation cited (8)

Cases cited (13)

  • Atiku Lino v Uganda (Criminal Appeal No. 41 of 2009)
  • Bwalutum Francis v Uganda (Criminal Appeal No. 48 of 2011)
  • Tigo Steven v Uganda (Criminal Appeal No. 8 of 2009)
  • Ogalo Son of Owora vs. Reginum (1954) 21 EACA 270
  • Kyalimpa Edward v Uganda (Criminal Appeal No. 10 of 1995)
  • Bogere Moses and Another v Uganda (Criminal Appeal No. 1 of 1997)
  • Kiwalabye Bernard v Uganda (Criminal Appeal No. 143 of 2011)
  • Rwabugande Moses v Uganda (Criminal Appeal No. 25 of 2014)
  • Abelle Asuman v Uganda (Criminal Appeal No. 66 of 2016)
  • Kasaija David v Uganda (Criminal Appeal No. 128 of 2008)
  • Epuat Richard v Uganda (Criminal Appeal No. 199 of 2011)
  • Okecha Mugumba and 3 Others v Uganda (Criminal Appeal No. 183 of 2009)
  • Tumwesigye Anthony v Uganda (Criminal Appeal No. 46 of 2012)

Full judgment

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

Mutatina & Anor Vs Uganda (Criminal Appeal No. 137 of 2011) [2018] UGCA 101 (2 October 2018)
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.