[2019] UGSC 67

[2019] UGSC 67

The Supreme Court held that, in accordance with its prior decisions, all appeals against mandatory death sentences in capital offences that were lodged within the specified period must be remitted to the High Court for mitigation submissions. The appellant's case falls squarely within this category, as the appeal was lodged within the relevant timeframe. Consequently, the order of the Court of Appeal is set aside, and the matter is remitted to the High Court for the appellant to make submissions in mitigation of sentence. The retirement of the original trial judge does not preclude another High Court judge from hearing the mitigation aspect.

Citation
[2019] UGSC 67
Parties
Appellant: Maliro Abasi alias Mabale; Respondent: Uganda
Court
Supreme Court of Uganda
Jurisdiction
Uganda
Judgment Date
10 December 2019
Procedural Posture
Criminal Appeal / Supreme Court Ruling on Sentence Remission
Outcome
Order of the Court of Appeal set aside; file remitted to the High Court for mitigation of sentence.
Judges
Mwangusya, JSC, Arach-Amoko, JSC, Katureebe, CJ, Tumwesigye, JSC, Mwondha, JSC
Legal Topics
Mandatory Death Sentence, Sentence Mitigation, Remission to High Court
Source Language
English
Criminal Law Mandatory Death Sentence Sentence Mitigation Remission to High Court

Case Brief

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Parties

Maliro Abasi alias Mabale

Appellant

Uganda

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Ruling on Sentence Remission

Legal Issues

  1. 1 Whether the appeal falls within the category of cases requiring remission to the High Court for mitigation of sentence following the Supreme Court's decision in Attorney General v Susan Kugula and Ambaa Joseph v Uganda.

Ratio Decidendi

The Supreme Court held that, in accordance with its prior decisions, all appeals against mandatory death sentences in capital offences that were lodged within the specified period must be remitted to the High Court for mitigation submissions. The appellant's case falls squarely within this category, as the appeal was lodged within the relevant timeframe. Consequently, the order of the Court of Appeal is set aside, and the matter is remitted to the High Court for the appellant to make submissions in mitigation of sentence. The retirement of the original trial judge does not preclude another High Court judge from hearing the mitigation aspect.

Court Disposition

Order of the Court of Appeal set aside; file remitted to the High Court for mitigation of sentence.

Orders

  • The order of the Court of Appeal is set aside.
  • The file is remitted to the High Court for the appellant to make submissions in mitigation of sentence.