Ssebuma v Uganda (Criminal Appeal No. 0617 of 2014)

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Court of Appeal found that the appellant was 17 years and 363 days old at the time of the aggravated robbery, making him a child. Under the Children Act Cap 59, a child convicted of a capital offence must be remitted to the Family and Children Court, which may impose a maximum of three years' detention. The trial judge had no jurisdiction to sentence the appellant to 15 years, rendering the sentence illegal. Since the appellant had already served more than three years, the maximum permissible, the Court set aside the sentence and ordered his immediate release unless held on other lawful charges. The appeal was allowed.

Outcome

Sentence set aside as illegal; appellant ordered released having already served more than the three-year maximum applicable to a child.

Facts

On 22 January 2012 at about 5.00 a.m. at Kisagazi Village, Kiyimba Darausi was riding a motorcycle with a passenger, Ssuna, when attackers emerged from nearby bushes, hit them with clubs and other weapons, and made off with Kiyimba's Nokia phone, jacket and the motorcycle. The stolen motorcycle was later recovered in Kitintale from one Kateregga, who implicated his employer Mawanda Moses; Mawanda stated he had bought it from the appellant for Shs. 1.5 million. The appellant was arrested at Nyondo and charged with aggravated robbery, admitting the offence. He pleaded guilty and was convicted and sentenced to 15 years' imprisonment. A Police Form 24 examination on 3 April 2012 found him to be 18 years old. On appeal, the Court computed that at the time of the offence the appellant was 17 years and 363 days old, and was a school-going Senior Four student, indicating he was a child below 18 years.

Issues

1. Whether the sentence of 15 years imprisonment imposed on the appellant was manifestly harsh and excessive.
2. Whether the trial court had jurisdiction to sentence the appellant where he was below 18 years at the time of the offence and ought to have been remitted to the Family and Children Court.
3. What sentencing procedure applies where a person convicted of a capital offence was a child at the time of commission.

Orders

• Appeal allowed.
• Sentence of 15 years imprisonment set aside as illegal.
• Immediate release of the appellant ordered unless held on other lawful charges.

Rules and key headnotes

Legislation cited (5)

• Penal Code Act Cap 120 s.285
• Penal Code Act Cap 120 s.286(2)
• Children Act Cap 59 s.94(1)(g)
• Children Act Cap 59 s.94
• Rules of the Court of Appeal r.30(1)

Cases cited (3)

• Kifamunte Henry v Uganda (Criminal Appeal No. 10 of 1997)
• Birembo Sebastian & Anor v Uganda (Criminal Appeal No. 0020 of 2001)
• Sendyose Joseph v Uganda (Criminal Appeal No. 150 of 2010)

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