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16 Jul 2024

Criminal Law [2024] UGCA 170

Kiryowa & Another v Uganda

Kiryowa & Another v Uganda (Criminal Appeal 127 of 2016; Criminal Appeal 203 of 2019) [2024] UGCA 170 (16 July 2024)

Court: Court of Appeal of Uganda
Case number: Criminal Appeal 127 of 2016 ; Criminal Appeal 203 of 2019
Judge: Obura, JA, Muzamiru, JA, Kazibwe, JA

The Court held that the trial Judge sentenced the appellants before the Supreme Court clarified the requirement for arithmetic deduction of remand time in Rwabugande Moses v Uganda. At the time, the law only required the Judge to 'take into account' the remand period, not to deduct it arithmetically. The sentencing record shows the Judge considered the remand period, thus complying with Article 23(8) of the Constitution as interpreted by earlier Supreme Court decisions. The principle of arithmetic deduction does not apply retrospectively to sentences passed before March 2017. Consequently, th…

Source excerpt

Sentencing Principles
Remand Period Deduction
Precedent Application
Constitutional Compliance

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19 Apr 2018

Criminal Law [2018] UGSC 96

Abelle v Uganda

Abelle v Uganda (Criminal Appeal 66 of 2016) [2018] UGSC 96 (19 April 2018)

Court: Supreme Court of Uganda
Case number: Criminal Appeal 66 of 2016
Judge: Katureebe, CJ, Arach-Amoko, JSC, Mwondha, JSC, Buteera, JSC, Nshimye, JSC

The Supreme Court held that the Court of Appeal complied with Article 23(8) of the Constitution by taking into account the period the appellant spent on remand, even though it did not expressly deduct the period arithmetically. The Court clarified that the constitutional requirement is for the sentencing court to consider the remand period, but the manner of consideration need not be strictly mathematical unless required by precedent. The Court further found that the Court of Appeal could not have been bound by the Rwabugande Moses decision, as it was delivered after the Court of Appeal's jud…