Bagenyi v Uganda (Criminal Appeal 150 of 2013) [2023] UGCA 254 (8 September 2023)
Court
Court of Appeal of Uganda
Case number
Criminal Appeal 150 of 2013
Judge
Buteera, DCJ, Gashirabake, JA, Kihika ,JA
The Court of Appeal upheld a 20-year sentence for aggravated defilement, finding the trial judge considered mitigation and remand time under the law then in force.
Wesamba v Uganda (Criminal Appeal No. 101 of 2020) [2023] UGCA 91 (16 March 2023)
Court
Court of Appeal of Uganda
Case number
Criminal Appeal No. 101 of 2020
Judge
Madrama, JA, Obura, JA, Bamugemereire, JA
The Court of Appeal quashed a conviction and sentence after finding the plea bargain recording procedure was not followed, rendering the proceedings a nullity.
Ntare v Uganda (Criminal Appeal No. 53 of 2011) [2022] UGCA 102 (28 March 2022)
Court
Court of Appeal of Uganda
Case number
Criminal Appeal No. 53 of 2011
Judge
Musoke, JA, Buteera, DCJ, Barishaki, JA
The Court of Appeal found that the trial Judge did not err in law or fact when imposing the sentence of 25 years imprisonment for aggravated defilement. The Judge expressly acknowledged the period the appellant spent on remand, satisfying the requirement of Article 23(8) of the Constitution, even though no arithmetic deduction was made. The sentence imposed was consistent with sentences in similar aggravated defilement cases, and both aggravating and mitigating factors were considered. The Court found no illegality or harshness warranting interference and upheld the sentence.
Wassaja and Another v Uganda (Criminal Appeal No. 49 of 2011) [2022] UGCA 87 (14 March 2022)
Court
Court of Appeal of Uganda
Case number
Criminal Appeal No. 49 of 2011
Judge
Musoke, JA, Buteera, DCJ, Barishaki, JA
The Court of Appeal reduced each appellant’s murder sentence from 50 years to 35 years, finding the original term harsh and excessive in the circumstances.
Kulaba Vs Uganda (Criminal Appeal No. 875 of 2014) [2019] UGCA 213 (17 July 2019)
Court
Court of Appeal of Uganda
Case number
Criminal Appeal No. 875 of 2014
The Court of Appeal held that the trial judge did not err in law regarding the remand period, as the law only requires the period to be considered, not deducted arithmetically. However, the sentence of 27 years was found to be manifestly excessive compared to sentences in similar cases of aggravated defilement, especially given the mitigating factors such as the appellant being a first offender, showing remorse, and having spent 2.5 years on remand. The court exercised its discretion to impose a fresh sentence, setting aside the 27-year term and substituting it with a sentence of 14 years imp…
Ouma Wilson Vs Uganda (Criminal Appeal No. 203 of 2010) [2019] UGCA 220 (17 July 2019)
Court
Court of Appeal of Uganda
Case number
Criminal Appeal No. 203 of 2010
The Court of Appeal upheld a 14-year sentence for aggravated defilement, finding the trial judge had considered remand time and relevant mitigating and aggravating factors.
Asiimwe v Uganda (Criminal Appeal 250 of 2014) [2018] UGCA 237 (15 November 2018)
Court
Court of Appeal of Uganda
Case number
Criminal Appeal 250 of 2014
Judge
Musoke, JA, Barishaki-Cheborion, JA, Madrama Izama, JA
The Court of Appeal held that Article 23(8) of the Constitution, which requires courts to consider time spent on remand when sentencing, does not apply to life or death sentences, as established by the Supreme Court in Magezi Gad vs. Uganda. However, the appellate court found that the trial judge erred by treating the appellant's lack of remorse as an aggravating factor, given that the appellant maintained his innocence throughout the trial. The court also considered the appellant's status as a first offender, his age, and the mitigating and aggravating circumstances. The appellate court conc…
The Supreme Court of Uganda dismissed an application to review its earlier sentence-confirming decision, finding no clerical slip, arithmetical error, or basis to reopen the matter.
The Supreme Court upheld a defilement conviction but reduced a life sentence to 20 years after finding the lower courts failed to account for remand time.
Agudi Godfrey v Uganda (Criminal Appeal No.9 of 1999) [2000] UGCA 30 (21 July 2000)
Court
Court of Appeal of Uganda
Case number
Criminal Appeal No.9 of 1999
The Court of Appeal upheld a 14-year sentence for defilement, holding that failure to hear allocutus was not fatal where counsel had addressed sentence.