Bamuwaira v Uganda (Criminal Appeal 193 of 2023) [2023] UGCA 206 (20 July 2023)
Court
Court of Appeal of Uganda
Case number
Criminal Appeal 193 of 2023
Judge
Kiryabwire, JA, Kibeedi Mutangula, JA, Monica K. Mugenyi, JA
The Court of Appeal reduced a life sentence for aggravated defilement to 21.5 years, finding the original sentence excessive and failing to deduct remand time.
Okullo v Uganda (Criminal Appeal 188 of 2019) [2023] UGCA 235 (12 June 2023)
Court
Court of Appeal of Uganda
Case number
Criminal Appeal 188 of 2019
The Court of Appeal held that sentences resulting from plea bargain agreements are generally not appealable on grounds of severity, as parties voluntarily negotiate and agree to the terms, including mitigating factors. However, the trial judge's failure to deduct the period spent on remand from the sentences contravened Article 23(8) of the Constitution and the Sentencing Guidelines, rendering the sentences illegal. The appellate court exercised its powers under section 11 of the Judicature Act to set aside the original sentences and deduct the remand period. Each appellant's sentence for agg…
Nabaya v Uganda (Criminal Appeal 60 of 2012) [2023] UGCA 350 (21 May 2023)
Court
Court of Appeal of Uganda
Case number
Criminal Appeal 60 of 2012
Judge
Egonda-Ntende, JA, Gashirabake, JA, Kihika ,JA
The Court of Appeal reduced an aggravated defilement sentence after finding the trial judge failed to clearly deduct remand time from the original term.
Emwodu v Uganda (Criminal Appeal No. 148 of 2016) [2023] UGCA 70 (1 March 2023)
Court
Court of Appeal of Uganda
Case number
Criminal Appeal No. 148 of 2016
Judge
Madrama, JA, Obura, JA, Bamugemereire, JA
The Court of Appeal found that the trial judge erred by altering the sentence agreed upon in the plea bargain agreement from 15 years to 20 years without proper communication or procedure. The record showed alterations to the sentence without countersignature or clear indication of agreement by both parties. The court held that the trial judge should have either accepted the plea bargain or rejected it and referred the matter for trial, but not unilaterally impose a harsher sentence. The appellate court gave the appellant the benefit of doubt, set aside the 20-year sentence, and imposed the o…