Wakilii

Uganda v Ntaganda & Another (Criminal Confirmation 9 of 2024)

High Court · [2025] UGHC 53 · 2025 Conviction Upheld — Sentence Clarified AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Confirmation proceedings arising from conviction and sentence by Magistrate Grade One for sentences exceeding two years
Decision
Sentences confirmed with arithmetical deduction of remand period clarified by the High Court

Observed later treatment

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Holding

The High Court confirmed the sentences of six years for the first accused (a subsequent offender) and three years for the second accused (a first offender) for stealing eleven heads of cattle, finding them appropriate against maximum sentences of fifteen and seven years respectively. However, the court held that the trial magistrate erred by failing to arithmetically deduct the remand period from the sentences as required by Article 23(8) of the Constitution. The High Court calculated and deducted the remand periods itself, determining the exact remaining periods to be served.

Outcome

Sentences confirmed with arithmetical deduction of remand period clarified by the High Court

Facts

On 31 July 2023 at Ranch No. 5 Kasegyere B, Kyankwanzi District, the two accused persons and others at large allegedly stole eleven heads of cattle valued at UGX 25,000,000 belonging to Mutegura Phinah (alias Jane). Both accused were charged with stealing cattle contrary to sections 254(1) and 264 of the Penal Code Act. They pleaded not guilty but were convicted after trial by the Magistrate Grade One at Kyankwanzi court. A1, who was a subsequent offender with prior convictions, was sentenced to six years' imprisonment. A2, a first offender, was sentenced to three years' imprisonment. Both were remanded on 4 October 2023. A1 was granted bail on 27 November 2023 after spending one month and twenty-three days on remand. A2 remained on remand throughout the trial until sentence on 13 August 2024, spending nine months and twenty-one days in custody. The matter came before the High Court for confirmation as the sentences exceeded two years.

Issues

  1. Whether the sentences of imprisonment imposed by the trial magistrate were proper.
  2. Whether the trial magistrate properly deducted the period spent on remand from the sentences imposed.

Orders

  • Sentence of six years' imprisonment for A1 confirmed.
  • Sentence of three years' imprisonment for A2 confirmed.
  • A1 to serve five years, ten months and seven days from 13 August 2024, after deducting one month and twenty-three days spent on remand.
  • A2 to serve two years, two months and nine days from 13 August 2024, after deducting nine months and twenty-one days spent on remand.

Rules and key headnotes

Sentencing — Confirmation of Sentence — Powers of High Court
Where a sentence exceeding two years is imposed by a magistrate's court other than one presided over by a chief magistrate, it is subject to confirmation by the High Court under Section 173(1) of the Magistrate's Court Act, and the High Court may exercise the same powers in confirmation as are conferred in revision under Section 174(4).
Sentencing — Remand Period — Constitutional Requirement for Deduction
A sentence arrived at without arithmetically deducting the period spent on remand is illegal for failure to comply with the constitutional mandatory provision in Article 23(8) of the Constitution, which requires that any period spent in lawful custody before completion of trial shall be taken into account in imposing the term of imprisonment.
Sentencing — Remand Period — Arithmetical Deduction Required
The deduction of the remand period must be arithmetical and precise, with the court mathematically subtracting the known remand period from the final sentence and arriving at the exact period to be served in prison, so that the period spent in lawful custody is specifically credited to the accused.
Sentencing — Remand Period — Components of Lawful Custody
Time spent on remand or in lawful custody includes: (a) the period the accused spends on remand before bail is granted, if bail is ever granted; (b) the period spent on remand if bail is not granted at all until conviction; and (c) the period spent on remand if bail has been granted and is subsequently cancelled, causing the accused to return to prison before conviction. All such periods must be calculated and deducted from the sentence deemed appropriate.
Stock Theft — Sentencing — Subsequent Offender
Under Section 264 of the Penal Code Act, an offender convicted of stealing cattle is liable on conviction for the first offence to imprisonment for seven years and for subsequent offence to imprisonment for fifteen years. A sentence of six years' imprisonment for a subsequent offender who stole eleven heads of cattle is proper and appropriate against the maximum of fifteen years.

Legislation cited (9)

Cases cited (2)

  • Baluku Fred v Uganda (Supreme Court Criminal Appeal No. 19 of 2017)
  • Rwabugande Moses v Uganda (Supreme Court Criminal Appeal No. 25 of 2014)

Full judgment

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

Uganda v Ntaganda & Another (Criminal Confirmation 9 of 2024) [2025] UGHC 53 (10 February 2025)
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.