Odongo v Uganda (Criminal Appeal No. 159 of 2014)

Observed later treatment

No later-treatment classification is recorded for this judgment.

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 a sentence is rendered illegal where the trial court fails to deduct the period the convict spent in pre-trial custody, as required by Article 23(8) of the Constitution and interpreted in Rwabugande Moses v Uganda. Since the trial judge made no such deduction from the 35-year sentence for rape, the sentence was illegal. The Court set it aside and, exercising its powers under section 11 of the Judicature Act, sentenced the appellant afresh to a term that reflected an appropriate sentence of 10 years less the period of remand, resulting in 9 years, 3 months and 2 weeks imprisonment.

Outcome

Original sentence set aside as illegal; appellant resentenced to 9 years, 3 months and 2 weeks imprisonment

Facts

The appellant was indicted and convicted of rape contrary to sections 123 and 124 of the Penal Code Act. The particulars were that on 16 November 2012 at Olinga village in Amuru District, the appellant had unlawful carnal knowledge of Rebbeca Agara without her consent. The victim was described in the proceedings as the appellant's step mother. The appellant was tried, convicted, and sentenced to 35 years imprisonment. He appealed against sentence only, contending it was harsh and manifestly excessive. At the time of the offence the appellant was a young man, around 29 years old. Although the prosecution stated he had a previous conviction for theft, no certificate evidencing the record was on file, so the Court treated him as a first offender. The trial judge had not deducted the period the appellant spent on remand when imposing the sentence.

Issues

1. Whether the sentence of 35 years imprisonment imposed by the trial judge was harsh and manifestly excessive.
2. Whether the sentence was illegal for failure to comply with Article 23(8) of the Constitution by not deducting the period spent on remand.

Orders

• Sentence of 35 years imprisonment set aside as illegal.
• Appellant sentenced afresh to 9 years, 3 months and 2 weeks imprisonment from 26 July 2013.

Rules and key headnotes

Legislation cited (4)

• Penal Code Act s.123
• Penal Code Act s.124
• Constitution of Uganda Article 23(8)
• Judicature Act s.11

Cases cited (1)

• Rwabugande Moses v Uganda (Supreme Court Criminal Appeal No. 25 of 2014)

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