[2020] UGHCCRD 165
The court held that while aggravated robbery carries a maximum sentence of death, such a penalty is not mandatory and is reserved for the most exceptional cases. The circumstances of this case did not warrant the death penalty or life imprisonment. The court considered the guilty plea, lack of prior criminal record,...
Source-derived case information.
- Citation
- [2020] UGHCCRD 165
- Parties
- Applicant: Uganda; Respondent: Ainomugisha Ronald; Respondent: Nsabimana Aloize
- Court
- HC: Criminal Division (Uganda)
- Jurisdiction
- Uganda
- Case Number
- Criminal Session 3 of 2019
- Procedural Posture
- Criminal Session / Sentencing
- Outcome
- convicted and sentenced on plea of guilty
- Judges
- Asiimwe, J
- Legal Topics
- Aggravated Robbery, Sentencing Guidelines, Remand Deduction, Compensation to Victim
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Uganda
Applicant
Ainomugisha Ronald
Respondent
Nsabimana Aloize
Respondent
Procedural Posture
Criminal Session / Sentencing
Legal Issues
- 1 What is the appropriate sentence for the convicts who pleaded guilty to aggravated robbery.
- 2 Should the period spent on remand be deducted from the sentence.
- 3 Is compensation to the victim warranted in addition to imprisonment.
Ratio Decidendi
The court held that while aggravated robbery carries a maximum sentence of death, such a penalty is not mandatory and is reserved for the most exceptional cases. The circumstances of this case did not warrant the death penalty or life imprisonment. The court considered the guilty plea, lack of prior criminal record, recovery of property, and the period spent on remand as mitigating factors. Applying the sentencing guidelines, the court determined that a custodial sentence of ten years was appropriate, from which the period of two years and thirteen days spent on remand was deducted. The court also ordered each convict to pay compensation to the victim, balancing the interests of justice,...
Court Disposition
convicted and sentenced on plea of guilty
Orders
- Each convict is sentenced to seven years, eleven months, and seventeen days imprisonment, effective from the date of sentencing.
- Each convict shall pay one million shillings as compensation to the victim.
Full Case Text
Judgment text and source record
54 paragraphs
## THE REPUBLIC OF UGANDA
### **IN THE HIGH COURT OF UGANDA SITTING AT MBARARA**
#### **<sup>I</sup> CRIMINAL SESSIONS CASE No. 0003 OF 2019**
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Al. AINOMUGISHA **RONALD^**
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#### **Before Hon. Justice Tadeo Asiimwe**
# SENTENCE AND REASONS FOR SENTENCE
The convicts Al and A2 were indicted with the offence of Aggravated Robbery C/S to section 285 and 286 of The Penal Code Act. He pleaded not guilty, and the case was fixed for hearing. At the hearing when the prosecution was ready to proceed with 4 witnesses, the convicts changed their plea and pleaded guilty to the offence of Aggravated Robbery and were convicted on their plea hence this sentence.
Submitting in aggravation of sentence, the learned State Attorney Rubarema Peter submitted that although he had no previous criminal record of the convicts, the offence is a serious one which carries a maximum sentence of death and that the complainant's property at the time of recovery were not functional. Fie finally prayed for a reasonable sentence of 10 years with a compensation to the complainant.
In mitigation of sentence, the learned defense counsel Nakazi Maria Gorret prayed for a lenient custodial sentence of 4 years on grounds that the convicts are first time offenders, remorseful and have not wasted
courts time by pleading Guilty. She further submitted that the convicts did not cause any damage to the victim, the complainant's property was recovered and that the complainant wants compensation. The A2 is a refugee at Nakivale refugee camp with a wife and two children as a sole bread winner for them. She lastly submitted that court should take into account the period spent on remand by the two convicts which is Two (2) years and Thirteen (13) days.
I have considered submissions of both counsel in this case for and against the sentence.
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The maximum sentence in a case of Aggravated Robbery is death, which is not mandatory according to the decision in **Attorney General Vs Suzan Kigula and 417 others: Constitutional Petition Appeal No. 03 of 2006,** however, the circumstances of this case do not fall in the rarest ofthe rarest cases which call for a death sentence.
The next possible sentence in the circumstance is life imprisonment. However, the circumstances of this case warrant a life imprisonment sentence. I shall therefore consider a custodial sentence.
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Under custodial sentence, the minimum jail period recommended under the sentencing guidelines for a person convicted of Aggravated Robbery is 35 years imprisonment. It can be reduced or moved upwards depending on the aggravating and mitigating factors.
Considering the circumstances of this case, given the fact that the convict pleaded guilty although not at the earliest stage, I shall consider a sentence ofTen (10) years.
<sup>I</sup> have also considered the submissions made in mitigation ofsentence in relation to a period the convict has spent on remand. In accordance with **Article 23 (8) of the Constitution and Regulation 15 (2) of The**
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Constitution (Sentencing Guidelines for Courts of Judicature) (Practice) Directions, 2013, to the effect that the court should deduct the period spent on remand from the sentence considered appropriate, after all factors have been taken into account.
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The convicts have been in prison for Two (2) years and Thirteen (13) days. <sup>I</sup> hereby take into account and set off Two (2) years and Thirteen (13) days as the period the convicts have already spent on remand. <sup>I</sup> therefore sentence the convicts to a term of imprisonment of Seven (7) years, Eleven (11) months and Seventeen (17) days each, to be served starting today. In addition, the convicts shall pay One million (1,000,000/=) each as compensation to the victim.
Having been convicted and sentenced on their own plea, the convicts are advised that they have a right of appeal against sentence only, within a period offourteen days.
TADEO ASIIMWE JUDGE 14/08/2020