[2024] UGSC 21

[2024] UGSC 21

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...

Source-derived case information.

Citation
[2024] UGSC 21
Parties
Appellant: Marani Ali; Appellant: Marani Adam alias Watenya; Respondent: Uganda
Court
Supreme Court of Uganda
Jurisdiction
Uganda
Case Number
Criminal Appeal 40 of 2014
Procedural Posture
Criminal Appeal / Final Judgment (supreme Court)
Outcome
Appeals dismissed except for success on sentencing grounds; convictions upheld; sentences clarified and imposed.
Judges
Owiny-Dollo, CJ, Mwondha, JSC, Tibatemwa-Ekirikubinza, JSC, Mike Chibita, JSC, Madrama , JSC
Legal Topics
Murder, Sentencing Procedure, Remand Period Deduction, Defence of Intoxication, Doctrine of Common Intention, Appeals Process
Source Language
en
Criminal Law Murder Sentencing Procedure Remand Period Deduction Defence of Intoxication Doctrine of Common Intention Appeals Process

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Parties

Marani Ali

Appellant

Marani Adam alias Watenya

Appellant

Uganda

Respondent

Procedural Posture

Criminal Appeal / Final Judgment (supreme Court)

  1. 1 Whether the defence of intoxication was available to the 1st Appellant and properly considered by the lower courts.
  2. 2 Whether the sentence imposed by the Court of Appeal was illegal for failure to deduct the remand period as required by law.
  3. 3 Whether the 2nd Appellant was a child at the time of the offence and whether the lower courts properly appraised his age.

Ratio Decidendi

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 child at the time of the offence. The Court of Appeal properly reappraised all evidence,...

Court Disposition

Appeals dismissed except for success on sentencing grounds; convictions upheld; sentences clarified and imposed.

Orders

  • The conviction of murder contrary to Sections 188 and 189 of the Penal Code Act is upheld for both appellants.
  • Each appellant is to serve a sentence of 27 years' imprisonment, to run from the date of conviction, after deduction of the remand period.