No. 32732 PC Kakuru Pascal V Uganda (Criminal Appeal No. 507 of 2017)

Observed later treatment

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

The Court of Appeal held that the trial judge's 18-year sentence was illegal because, contrary to Article 23(8) of the Constitution, he took into account a post-conviction period rather than only the pre-trial remand period, and stated an imprecise remand period of '8 to 9 years' when it was capable of exact calculation. Article 23(8) directs a court to take into account only the pre-trial detention period, neither more nor less. The Court set aside the sentence and, invoking section 11 of the Judicature Act, determined an appropriate term of 20 years, deducted the 2 years and 7 months spent on remand, and imposed 17 years and 5 months from the date of conviction.

Outcome

Sentence set aside and substituted with 17 years 5 months imprisonment running from the date of conviction

Facts

On 5 May 2005 at Club Atlas in Kasese town, the appellant, a former police officer, was denied entrance to the club for failure to pay the entrance fee of UGX 2,500. Out of anger he returned to the barracks, collected his firearm, returned to the club and opened fire on people, shooting and killing Byekwaso Mubarak, who died en route to hospital. Others were injured. The post mortem revealed the deceased died of haemorrhagic shock from gunshots. The appellant was arrested and detained on 6 May 2005, examined and found to be of sound mind. He was convicted of murder and sentenced to death on 21 December 2007. Following Attorney General v Susan Kigula annulling the mandatory death penalty, he was re-sentenced on 18 November 2013 to 18 years imprisonment after mitigation proceedings. He appealed against that sentence as illegal.

Issues

1. Whether the sentencing judge imposed an illegal sentence by failing to properly take into account the period the appellant spent on remand contrary to Article 23(8) of the Constitution.
2. What the appropriate sentence is upon a proper application of Article 23(8).

Orders

• The sentence of 18 years imprisonment is set aside.
• A sentence of 17 years 5 months imprisonment is imposed, to run from 21 December 2007, the date of conviction.

Rules and key headnotes

Legislation cited (5)

• Penal Code Act, Cap 120 s.188
• Penal Code Act, Cap 120 s.189(f)
• Constitution of Uganda Article 23(8)
• Judicature Act s.11
• Constitutional (Sentencing Guidelines for Courts of Judicature) (Practice) Direction 2013 Guideline 15

Cases cited (15)

• Attorney General v Susan Kigula and Others [2009] UGSC 6
• Rwabugande Moses v Uganda [2017] UGSC 8
• Abelle Asuman v Uganda [2018] UGSC 10
• Ndyomugenyi Patrick v Uganda [2018] UGSC 20
• Kifamunte Henry v Uganda [1998] UGSC 20
• Ogalo s/o Owura v Republic (1954) 021 E.A.CA 270
• Sekitoleko Yudah and 2 Others v Uganda [2017] UGSC 40
• Bashir Ssali v Uganda [2005] UGSC 21
• Ninsiima Gilbert v Uganda [2014] UGCA 65
• Kiwalabye Bernard v Uganda (Criminal Appeal No. 143 of 2001)
• Livingstone Kakooza v Uganda [1994] UGSC 17
• Turyahika v Uganda [2016] UGCA 83
• Mboinegaba v Uganda [2016] UGCA 80
• Tumwesigye Anthony v Uganda [2014] UGCA 61
• Atiku Lino v Uganda [2016] UGCA 20

Cases citing this judgment (1)

How later Ugandan judgments in the Wakilii corpus have cited this case. Treatment labels come from Sequitur — Uganda’s citator — each backed by a verbatim span from the citing judgment, and are not an assertion that this case is, or is not, good law.

• Oroma & 2 Others v Uganda (Criminal Appeal 146 of 2019; Criminal Appeal 176 of 2020)

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