W.W.Mpora & oers v Uganda [1989] UGSC 5
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The appellants were charged with aggravated robbery but convicted of receiving stolen property contrary to section 298(1) of the Penal Code and each sentenced to 7 years' imprisonment. They appealed against sentence only. With the State conceding, the Supreme Court held the sentence was excessive given that the appellants had been on remand for 5 years, it was their first offence, and most of the stolen goods were recovered. The Court set aside the sentence and substituted one resulting in their immediate release.
Outcome
Sentence set aside and substituted to result in the appellants' immediate release
Facts
The appellants were tried on a charge of aggravated robbery contrary to sections 272 and 275(2) of the Penal Code, but were convicted of receiving stolen property contrary to section 298(1) of the Penal Code. They were each sentenced to 7 years' imprisonment. The appellants had been on remand for 5 years, it was their first offence, and most of the stolen goods were recovered.
Issues
- Whether the sentence of 7 years' imprisonment for receiving stolen property was excessive in the circumstances.
Orders
- Sentence of 7 years' imprisonment set aside.
- Sentence substituted with one resulting in the appellants' immediate release.
Rules and key headnotes
Legislation cited (3)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.