Ssenyondo & Anor v Uganda (Criminal Appeal No. 463 of 2014)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
On appeal against sentence following re-sentencing under the Kigula decision, the Court of Appeal held that a sentence is illegal where the sentencing judge fails to take into account the remand period as mandated by Article 23(8) of the Constitution. Although accounting for remand need not be an arithmetical exercise, the sentencing judge must clearly indicate the mitigating and aggravating factors considered, particularly the remand period. As the re-sentencing judge had not stated whether the remand period was considered, the Court set aside the 20-year sentences and re-sentenced each appellant to 18 years imprisonment on each count, to run concurrently from the date of conviction.
Outcome
Sentences set aside; appellants re-sentenced to 18 years imprisonment on each count, to run concurrently from 14 September 2000
Facts
On 8 November 1998 at Kijaba village, Lwengo sub-county, Masaka district, the appellants and others robbed the deceased, Mwanje Peter, of his motorcycle using a knife. During the robbery Mwanje Peter was killed. The appellants were convicted of aggravated robbery and murder and sentenced to death at the High Court before Justice Akiiki Kiiza. Their appeal to the Court of Appeal was dismissed and the convictions and sentences confirmed. On further appeal to the Supreme Court, and following the Kigula decision, the matter was referred back to the High Court for mitigation. On re-sentencing, the appellants were sentenced to 20 years imprisonment on each of the counts of robbery and murder. They appealed against sentence only, arguing that the re-sentencing judge failed to state when the sentence should start running and did not account for the remand period.
Issues
- Whether the re-sentencing judge erred by passing sentence without stating when the sentence should start running.
- Whether the sentence was illegal for failing to take into account the period spent on remand as required by Article 23(8) of the Constitution.
Orders
- Sentence of 20 years imprisonment on each count set aside.
- Each appellant re-sentenced to 18 years imprisonment on each count.
- Sentences to run concurrently from the date of conviction, 14 September 2000.
- Appeal succeeds.
Rules and key headnotes
Legislation cited (7)
Cases cited (7)
- Attorney General v Susan Kigula and 3 Others (Constitutional Appeal No. 3 of 2006)
- Mpangi v Uganda (Criminal Appeal No. 91 of 2000)
- Pandya v R [1957] EA 336
- Kifamunte Henry v Uganda (Criminal Appeal No. 10 of 1997)
- Kyalimpa Edward v Uganda (Criminal Appeal No. 10 of 1995)
- Kyewalabye Bernard v Uganda (Criminal Appeal No. 143 of 2001)
- Abelle Asuman v Uganda (Criminal Appeal No. 66 of 2016)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.