Wakilii

Uganda v Munguriek & Anor (Criminal Sessions Case No. 0008 of 2017)

High Court · [2018] UGHCCRD 92 · 2018 Conviction Entered AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance criminal trial in the High Court for aggravated robbery
Decision
Both accused convicted and sentenced to terms of imprisonment; compensation ordered in favour of the victim

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court convicted both accused of aggravated robbery under sections 285 and 286(2) of the Penal Code Act. The court found that prosecution proved beyond reasonable doubt that the accused stole a cow worth Shs. 1,600,000, used violence by tying, kicking and threatening the victim with a panga, possessed deadly weapons (panga, bow and arrows), and that visual identification evidence was reliable given daylight conditions and prior acquaintance. A1 received 17 years 6 months imprisonment (20 years less remand) and A2 received 14 years 8 months (17 years less remand). Each was ordered to pay Shs. 400,000 compensation.

Outcome

Both accused convicted and sentenced to terms of imprisonment; compensation ordered in favour of the victim

Facts

On 29 September 2015 at approximately 11:00 am at Ajupani village, Nebbi District, the victim P.W.3 Mugabo John was herding cattle belonging to P.W.5 Simbiizi William when he was accosted by three men, two of whom are the accused. A2 grabbed him from behind while A1 tied his legs with rope. A2 held a panga to his neck and threatened to kill him if he made noise. They forced him to the ground and left a third man guarding him with a bow and arrows while they drove away a mature white and black patched cow. P.W.4 Eugene Munyaneza witnessed the cow being driven away with a rope tied to its hind leg. The following morning, the remains of the cow—horns, hair and blood—were found in the bush. The cow was valued at Shs. 1,600,000. A1 was arrested four or five days later. Medical examination of the victim revealed dislocation and tenderness of the right ankle joint consistent with being kicked and tripped. Both accused denied involvement and claimed alibis. A1 alleged the complainant bore a grudge from a 2012 land dispute.

Issues

  1. Whether the accused stole property belonging to another person, namely a cow worth Shs. 1,600,000.
  2. Whether the accused used or threatened to use violence against the victim during the commission of the theft.
  3. Whether the accused possessed deadly weapons during the commission of the robbery.
  4. Whether the accused persons participated in the commission of the offence and whether the evidence of identification was reliable.

Orders

  • A1 Munguriek Joseph alias Ondiki found guilty and convicted of Aggravated Robbery contrary to sections 285 and 286(2) of the Penal Code Act.
  • A2 Ongeiwun Kizito found guilty and convicted of Aggravated Robbery contrary to sections 285 and 286(2) of the Penal Code Act.
  • A1 Munguriek Joseph sentenced to 17 years and 6 months imprisonment, with 2 years 6 months remand period set off.
  • A2 Ongeiwun Kizito sentenced to 14 years and 8 months imprisonment, with 2 years 4 months remand period set off.
  • Each convict ordered to compensate P.W.5 Simbiizi William in the sum of Shs. 400,000 within 3 months from the date of judgment.
  • Convicts advised of right to appeal within 14 days.

Rules and key headnotes

Aggravated Robbery — Elements of the Offence — Theft of Property
When an item of stolen property is not tendered as an exhibit during trial, a careful description of it by prosecution witnesses is sufficient to enable the court to make an appropriate deduction as to its nature and to prove the element of theft, provided the descriptions are materially consistent and discrepancies are minor and not indicative of deliberate untruthfulness.
Aggravated Robbery — Elements of the Offence — Possession of Deadly Weapons
Where the prosecution fails to produce the weapon used in commission of an offence during trial, a careful description of the weapon by witnesses will suffice to enable the court to decide whether the weapon was deadly within the meaning of section 286(3) of the Penal Code Act, which defines a deadly weapon as one made or adapted for shooting, stabbing or cutting, or any instrument which when used for offensive purposes is likely to cause death.
Identification Evidence — Test for Reliability — Favourable and Unfavourable Circumstances
When prosecution is based on evidence of identifying witnesses, the court must exercise great care to satisfy itself that there is no danger of mistaken identity by evaluating the evidence with regard to both favourable and unfavourable circumstances including: the quality of lighting, proximity to the accused, duration of observation, prior acquaintance, suddenness of the encounter, and any impediments to observation.
Sentencing — Aggravated Robbery — Starting Point and Aggravating Factors
Under Item 4 of Part I of the Third Schedule to the Constitution (Sentencing Guidelines for Courts of Judicature) (Practice) Directions 2013, the starting point for sentencing in aggravated robbery where the death penalty is discounted should be 35 years imprisonment, which may be increased on account of aggravating factors such as use of deadly weapons, meticulous pre-meditation, and gratuitous degradation of the victim, or reduced on account of mitigating factors.
Sentencing — Previous Convictions as an Aggravating Factor
Commission of a similar offence barely three months after serving sentence for theft of cattle from the same complainant is a significant aggravating factor indicating that the convict is a habitual offender who has learned nothing from his previous sentence and poses a threat to society, warranting a more severe custodial sentence.
Sentencing — Deduction of Remand Period — Mathematical Set-Off
Under Article 23(8) of the Constitution and Regulation 15(2) of the Sentencing Guidelines, the period spent on remand must be taken into account by way of mathematical deduction or set-off from the sentence considered appropriate after all aggravating and mitigating factors have been taken into account.
Aggravated Robbery — Compensation — Mandatory Order under Section 286(4)
Under section 286(4) of the Penal Code Act, where a person is convicted of aggravated robbery and is not sentenced to death, it is mandatory for the court to order compensation to be paid to the person prejudiced by the robbery in such sum as the court considers just having regard to the injury or loss suffered, provided the value or loss is established in evidence.

Legislation cited (8)

Cases cited (11)

  • Ssekitoleko v Uganda [1967] EA 531
  • Miller v Minister of Pensions [1947] 2 All ER 372
  • Sentongo and Sebugwawo v Uganda [1975] HCB 239
  • Uganda v Byamukama Peter [1981] HCB 16
  • Abdalla Bin Wendo and Another v R (1953) EACA 166
  • Roria v Republic [1967] EA 583
  • Bogere Moses and Another v Uganda (Supreme Court Criminal Appeal No. 1 of 1997)
  • Munyangondo Chris v Uganda (Supreme Court Criminal Appeal No. 5 of 2011)
  • Ninsiima v Uganda (Criminal Appeal No. 180 of 2010)
  • Kusemererwa and Another v Uganda (Court of Appeal Criminal Appeal No. 83 of 2010)
  • Naturinda Tamson v Uganda (Court of Appeal Criminal Appeal No. 13 of 2011)

Full judgment

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

Uganda v Munguriek & Anor (Criminal Sessions Case No. 0008 of 2017) [2018] UGHCCRD 92 (16 April 2018)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.