Tako Emmanuel v Uganda (Criminal Appeal No. 337 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

On appeal against sentence only, the Court of Appeal reaffirmed that an appellate court will not interfere with a sentence unless it is manifestly excessive or so low as to amount to a miscarriage of justice, wrong in principle, or the trial court ignored a material consideration. The appellant had pleaded guilty to murdering his own defenceless two-year-old child by strangulation. The trial judge assessed 35 years as appropriate and deducted the remand period and further time for the guilty plea, arriving at 30 years. The Court found the circumstances cruel and barbaric, agreed the aggravating factors outweighed the mitigating ones, and held the sentence was appropriate and fair. The appeal was dismissed and the 30-year sentence upheld.

Outcome

Appeal against sentence dismissed; 30 years imprisonment upheld

Facts

The appellant and Acio Hellen had two children together, including the deceased, aged 2 years. After separation, the mother retained custody. On 6 February 2016, when Acio Hellen fell ill and was taken to hospital, her father took the two children to the appellant. The deceased child was returned to the appellant's home. On 18 February 2016 the child was reported missing and could not be found. On 23 February 2016 the appellant, when interrogated, admitted he had murdered the deceased and thrown the body in a bush near his home. The decomposing body, partly eaten by wild beasts, was recovered and post-mortem revealed the cause of death was strangulation. The appellant pleaded guilty to murder, was convicted and sentenced to 30 years imprisonment. He was a first offender aged 36 at the time of the offence and had spent one year and five months on remand.

Issues

1. Whether the sentence of 30 years imprisonment imposed on the appellant for murder was manifestly harsh and excessive so as to warrant appellate interference.

Orders

• Appeal dismissed for lack of merit.
• Sentence of 30 years imprisonment upheld, running from 28 July 2017, the date of conviction.

Rules and key headnotes

Legislation cited (5)

• Penal Code Act s.188
• Penal Code Act s.189
• Trial on Indictments Act s.132(1)(b)
• Judicature (Court of Appeal Rules) Directions 2005 Rule 30(1)
• Constitution (Sentencing Guidelines for Courts of Judicature) (Practice) Directions 2013

Cases cited (12)

• Byaruhanga Moses v Uganda (Criminal Appeal No. 144 of 2010)
• Odongo Sam v Uganda (Criminal Appeal No. 88 of 2014)
• Kasaija Daudi v Uganda (Criminal Appeal No. 128 of 2008)
• Batesa Marijani v Uganda (Criminal Appeal No. 69 of 2018)
• Atoo Jackline v Uganda (Criminal Appeal No. 146 of 2004)
• Sekamatte Charles v Uganda (Criminal Appeal No. 67 of 2013)
• Bwembi Lameck v Uganda (Criminal Appeal No. 63 of 2018)
• Semanda Christopher & Another v Uganda (Criminal Appeal No. 77 of 2010)
• Pandya v R [1957] EA 336
• Henry Kifamunte v Uganda (Criminal Appeal No. 10 of 1997)
• Bogere Moses v Uganda (Criminal Appeal No. 1 of 1997)
• Kiwalabye Bernard v Uganda (Criminal Appeal No. 143 of 2001)

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.

• Tamuzadde v Uganda (Criminal Appeal No. 456 of 2014)

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