[2016] UGHCCRD 91
The accused pleaded guilty to two counts of murder and one count of aggravated robbery. The court considered the gravity of the offences, including the brutal killing of two individuals and the theft and destruction of property. The court also took into account mitigating factors: the accused did not waste judicial...
Source-derived case information.
- Citation
- [2016] UGHCCRD 91
- Parties
- Applicant: Uganda; Defendant: Kasaiija Christopher alias Ahebwa Saidi; Defendant: Ruyonga Isiaih; Defendant: Tuhairwe John
- Court
- HC: Criminal Division (Uganda)
- Jurisdiction
- Uganda
- Case Number
- HCT – 01 – CR – SC – 0084 of 2015
- Procedural Posture
- Criminal Law / Sentencing
- Outcome
- convicted on plea of guilty; sentenced to imprisonment
- Judges
- Ojok, J
- Legal Topics
- Murder, Aggravated Robbery, Sentencing Guidelines
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Uganda
Applicant
Kasaiija Christopher alias Ahebwa Saidi
Defendant
Ruyonga Isiaih
Defendant
Tuhairwe John
Defendant
Procedural Posture
Criminal Law / Sentencing
Legal Issues
- 1 Whether the accused is guilty of murder and aggravated robbery on his own plea of guilty.
- 2 What is the appropriate sentence for the offences committed by the accused.
Ratio Decidendi
The accused pleaded guilty to two counts of murder and one count of aggravated robbery. The court considered the gravity of the offences, including the brutal killing of two individuals and the theft and destruction of property. The court also took into account mitigating factors: the accused did not waste judicial time, is a first offender, a young father, and the breadwinner of his family. Balancing these factors, the court sentenced the accused to 20 years imprisonment on each count, to run concurrently, with credit for two years spent on remand. The remaining sentence to be served is 18 years. The right of appeal was explained to the accused.
Court Disposition
convicted on plea of guilty; sentenced to imprisonment
Orders
- A1 is sentenced to 20 years imprisonment for Count I (murder).
- A1 is sentenced to 20 years imprisonment for Count II (murder).
Full Case Text
Judgment text and source record
20 paragraphs
**THE REPUBLIC OF UGANDA**
**IN THE HIGH COURT OF UGANDA AT FORT PORTAL**
**HCT – 01 – CR – SC – 0084 OF 2015**
**UGANDA ........................................................................... PROSECUTOR**
**VERSUS**
**1. KASAIJA CHRISTOPHER alias AHEBWA SAIDI**
**2. RUYONGA ISIAIH ............... ACCUSED**
**3. TUHAIRWE JOHN**
**SENTENCING AND REASONS**
In the instant case A1 pleaded guilty to all the 3 Counts to wit: Count I murder, Count II murder, Count III aggravated robbery, and was convicted on his own plea of guilty.
I agree with the State Attorney that life is very precious and somebody cannot just take away another’s life regardless of whatever the person has done to him or her except in execution of a sentence passed in a fair trial by a Court of competent jurisdiction as per **Article 22** of the Constitution of the Republic of Uganda, 1995. Killing 2 people one aged 102 years and another aged 51 years in a brutal manner, stealing their property and setting them ablaze is not only illegal but unconstitutional. This kind of practice should be condemned in the strongest terms possible.
I agree that the convict did not waste Court’s time, is a first offender, a young father and the breadwinner of his family. In the premises I therefore sentence A1 to 20 years for Count I of murder, 20 years for Count II of murder and 20 years for Count III of aggravated robbery, which will run concurrently. The accused has been on remand for 2 years, he will therefore serve the remaining18 years in prison.
Right of Appeal explained.
Full trial will proceed for A2 and A3.
**.....................................**
**OYUKO. ANTHONY OJOK**
**JUDGE**
**27/9/16**
The sentence was read and delivered in open Court in the presence of;
1. The Regional State Attorney Ojok. 2. Counsel on state brief Kizito Deo. 3. Court Clerk Precious. 4. The accused.