Uganda v Ainomugisha and Another (Criminal Session 3 of 2019) [2020] UGHCCRD 165 (14 August 2020)

THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA SITTING AT MBARARA

^I CRIMINAL SESSIONS CASE No. 0003 OF 2019

UGANDA PROSECUTOR il

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Al. AINOMUGISHA RONALD^

r A2. NSABIMANA ALOIZE

Before Hon. Justice Tadeo Asiimwe

SENTENCE AND REASONS FOR SENTENCE

The convicts Al and A2 were indicted with the offence of Aggravated Robbery C/S to section 285 and 286 of The Penal Code Act. He pleaded not guilty, and the case was fixed for hearing. At the hearing when the prosecution was ready to proceed with 4 witnesses, the convicts changed their plea and pleaded guilty to the offence of Aggravated Robbery and were convicted on their plea hence this sentence.

Submitting in aggravation of sentence, the learned State Attorney Rubarema Peter submitted that although he had no previous criminal record of the convicts, the offence is a serious one which carries a maximum sentence of death and that the complainant's property at the time of recovery were not functional. Fie finally prayed for a reasonable sentence of 10 years with a compensation to the complainant.

In mitigation of sentence, the learned defense counsel Nakazi Maria Gorret prayed for a lenient custodial sentence of 4 years on grounds that the convicts are first time offenders, remorseful and have not wasted

courts time by pleading Guilty. She further submitted that the convicts did not cause any damage to the victim, the complainant's property was recovered and that the complainant wants compensation. The A2 is a refugee at Nakivale refugee camp with a wife and two children as a sole bread winner for them. She lastly submitted that court should take into account the period spent on remand by the two convicts which is Two (2) years and Thirteen (13) days.

I have considered submissions of both counsel in this case for and against the sentence.

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The maximum sentence in a case of Aggravated Robbery is death, which is not mandatory according to the decision in Attorney General Vs Suzan Kigula and 417 others: Constitutional Petition Appeal No. 03 of 2006, however, the circumstances of this case do not fall in the rarest ofthe rarest cases which call for a death sentence.

The next possible sentence in the circumstance is life imprisonment. However, the circumstances of this case warrant a life imprisonment sentence. I shall therefore consider a custodial sentence.

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Under custodial sentence, the minimum jail period recommended under the sentencing guidelines for a person convicted of Aggravated Robbery is 35 years imprisonment. It can be reduced or moved upwards depending on the aggravating and mitigating factors.

Considering the circumstances of this case, given the fact that the convict pleaded guilty although not at the earliest stage, I shall consider a sentence ofTen (10) years.

^I have also considered the submissions made in mitigation ofsentence in relation to a period the convict has spent on remand. In accordance with Article 23 (8) of the Constitution and Regulation 15 (2) of The

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Constitution (Sentencing Guidelines for Courts of Judicature) (Practice) Directions, 2013, to the effect that the court should deduct the period spent on remand from the sentence considered appropriate, after all factors have been taken into account.

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The convicts have been in prison for Two (2) years and Thirteen (13) days. ^I hereby take into account and set off Two (2) years and Thirteen (13) days as the period the convicts have already spent on remand. ^I therefore sentence the convicts to a term of imprisonment of Seven (7) years, Eleven (11) months and Seventeen (17) days each, to be served starting today. In addition, the convicts shall pay One million (1,000,000/=) each as compensation to the victim.

Having been convicted and sentenced on their own plea, the convicts are advised that they have a right of appeal against sentence only, within a period offourteen days.

TADEO ASIIMWE JUDGE 14/08/2020