Marani & Another v Uganda
Marani & Another v Uganda (Criminal Appeal 40 of 2014) [2024] UGSC 21 (1 March 2024)
The Supreme Court held that the defence of intoxication was not available to the 1st Appellant as it was neither raised nor substantiated at trial or in the Court of Appeal, and Rule 98 bars new grounds on second appeal. The remand period must be arithmetically deducted from the sentence, not merely considered among mitigating factors, as clarified in Rwabugande Moses v Uganda. The Court of Appeal's sentencing order was ambiguous and did not follow the correct procedure, necessitating resentencing by the Supreme Court. The age of the 2nd Appellant was an agreed fact at trial, and he was not a…
Source excerpt
- Murder
- Sentencing Procedure
- Remand Period Deduction
- Defence Of Intoxication
- Doctrine Of Common Intention
- Appeals Process