[2014] UGHCCRD 108
The court held that, following the Supreme Court's decision in Attorney General v. Susan Kigula & 417 others, the mandatory death penalty for murder is unconstitutional and sentencing discretion must be exercised. The judge considered the aggravating factors, including the brutality of the murder and the prevalence...
Source-derived case information.
- Citation
- [2014] UGHCCRD 108
- Parties
- Applicant: Uganda; Defendant: Bwangalo Herbert; Defendant: Kuyoka Jackson; Defendant: Lule Charlce
- Court
- HC: Criminal Division (Uganda)
- Jurisdiction
- Uganda
- Case Number
- High Court Criminal Session Case No.183 of 2014
- Procedural Posture
- Criminal Session / Mitigation and Re Sentencing
- Outcome
- convicted_and_sentenced
- Judges
- Murangira, J
- Legal Topics
- Murder, Sentencing Guidelines, Death Penalty, Mitigation Factors
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Uganda
Applicant
Bwangalo Herbert
Defendant
Kuyoka Jackson
Defendant
Lule Charlce
Defendant
Procedural Posture
Criminal Session / Mitigation and Re Sentencing
Legal Issues
- 1 Whether the mandatory death penalty is constitutional in light of Supreme Court decisions.
- 2 What is the appropriate sentence for each convict after considering mitigating and aggravating factors.
- 3 How should time spent on remand be accounted for in sentencing.
Ratio Decidendi
The court held that, following the Supreme Court's decision in Attorney General v. Susan Kigula & 417 others, the mandatory death penalty for murder is unconstitutional and sentencing discretion must be exercised. The judge considered the aggravating factors, including the brutality of the murder and the prevalence of such offences, as well as mitigating factors such as the convicts being first offenders and the period spent on remand. Applying the Sentencing Guidelines, the judge determined that each convict deserved a custodial sentence of 40 years, less the time spent on remand, resulting in a sentence of 37 ½ years imprisonment for each convict from the date of conviction.
Court Disposition
convicted_and_sentenced
Orders
- Bwangalo Herbert is sentenced to 37.5 years imprisonment from the date of conviction.
- Kuyoka Jackson is sentenced to 37.5 years imprisonment from the date of conviction.
Full Case Text
Judgment text and source record
22 paragraphs
**THE REPUBLIC OF UGANDA**
**IN THE HIGH COURT OF UGANDA AT KAMPALA**
**HIGH COURT CRIMINAL SESSION CASE NO.183 OF 2014**
**(arising from HCT – Crim. No. 116 of 2001)**
**UGANDA ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::PROSECUTION**
**VERSUS**
1. **BWANGALO HERBERT** 2. **KUYOKA JACKSON :::::::::::::::::::::::::::::::::::::::::CONVICTS** 3. **LULE CHARLICE**
**RULING BY HON. MR. JUSTICE JOSEPH MURANGIRA**
**1. Introduction**
**1.1** This matter was placed before me in a mitigation and re-sentencing session for sentencing the convicts. It should be noted that I was not the trial Judge in this case that involved the convicts. The trial Judge was Hon. Mr. Justice E. B. Mwangusya (as he then was). The convicts were tried, convicted and sentenced to death by the aforestated Judge.
**1.2** The convicts came before the High Court for sentencing pursuant to the decision of the Supreme Court of Uganda in Attorney General-vs-Susan Kigula & 417 others, Constitutional Petition Appeal No. 3 of 2006, which found that the previous mandatory death penalty regime was unconstitutional. Each convict who was subject to the automatic death sentence and not yet exhausted the appeal process was remitted to the High Court for mitigation and sentence, which was confirmed by the subsequent case of Ambaa Jacob & Another –vs-Uganda, Criminal Appeal No. 10 of 2009.
**1.3** The prosecution is represented by the Directorate of Public Prosecutions. This matter was argued by Ms. Nalwanga Sherifah, State Attorney. Whereas, the convicts are represented by Mr. Senkezi Stephen of Senkezi, Saali Advocates & Consultants. Both Counsel for the parties ably presented their mitigating factors in their submissions. I must say.
**2. Sentencing the convicts.**
**2.1** In sentencing the convicts the following factors/reasons are considered:-
1. The cases of Attorney General-vs- Susan Kigula & 417 others (Supra) and Tigo Stephen –vs- Uganda Criminal Appeal No.8 of 2009. 2. All the mitigating factors submitted by both Counsel for the prosecution and the convicts. Both Counsel presented convincing arguments which have ably guided me to pass an appropriate sentence against each convict. 3. The Constitutional (Sentencing Guidelines for Courts of Judicature) (Practice) Directions, Legal Notice No.8 of 2013, particularly part 1 of the 3rd schedule. 4. For special emphasis, I have also considered the following factors:- 5. The convicts were convicted of murder and sentenced to death. 6. The offence of murder is rampantly committed in Uganda. Hence the need to curb it down by passing deserving sentences against the wrongdoers/convicts. 7. From the facts of the case and the way the deceased was killed, certainly, the deceased was blutally killed. Thus this case falls under the rarest of the rare cases (see paragraphs 18 and 20 of the Sentencing Guidelines (Supra). The submissions by Counsel for the prosecution brought out very well the aggravating factors, which I need not emphasise here. 8. Each convict is a first offender. 9. The convicts spent 2 years and 6 (six) months on remand before conviction, which period I have taken into account in passing a sentence against each convict.
In the result and for the reasons given hereinabove in this ruling, each convict deserved the death sentence. However, owing to the legal authorities cited hereinabove, this Court has a wide discretion in determining a sentence to pass against each convict.
Accordingly, therefore, I make a finding that each convict in this case deserves an appropriate sentence of imprisonment. Thus, taking into account the 2(two) years and 6 (six) months each convict spent on remand before conviction, I would have sentenced each convict to 40 (forty) years imprisonment, but I deducted the said period each convict spent on remand before conviction.
Therefore, I sentence,
1. Bwangalo Herbert to 37 ½ years imprisonment from the date of conviction. 2. Kuyoka Jackson to 37 ½ years imprisonment from the date of conviction. 3. Lule Charles to 37 ½ years imprisonment from the date of conviction.
Dated at Kampala this 16th day of July, 2014.
**Joseph Murangira**
**Judge.**