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- The court considered whether the sentence was excessive. The court held that the sentence was on the higher side in the circumstances. The court was satisfied that that the appellants had been on remand for five years, were first offenders and end most of the stolen goods were recovered. The court accordingly set aside the sentence.
IN THE SUPREME COURT OF UGANDA
AT MENGO
(CORAM: MANYINDO D.C.J, ODER. J.S.C, & PLATT. J.S.C.)
CRIMINAL APPEAL 25 OF 1985
BETWEEN
W.W. MPORA & OTHERS :::::::::::::::::::::::::::::::::::::::::::::::::: APPELLANTS
VERSUS
UGANDA :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: RESPONDENT
(Appeal from the decision of the High Court of Uganda
At Mbarara (Mr. Justice Karokora) dated 28th May 1985
In H.C.CR.S. NO. 19 of 1985)
JUDGEMENT OF THE COURT
The Appellants were tried on charge of Aggravated robbery, contrary to sections 272 and 275(2) of the Penal Code but were subsequently convicted any of receiving stolen property contrary to section 298(1) of the Penal Code. They acre each sentenced to 7 years imprisonment. They have now appealed against that sentence only.
Counsel for the State has agreed with the submission of Counsel for the appellants that that sentence was excessive given the fact that the appellants had been on remand for 5 years and. this was their first offence end most of the stolen goods were recovered.
We agree that the sentence was on the higher side in the circumstances. Accordingly we set it aside end substitute the sentence that will result in their immediate release.
DATED AT MENGO THIS 26th DAY OF JULY, 1989.
S .T. MANYINDO
DY. CHIEF JUSTICE
A.H.O. ODER
JUSTICE OF THE SUPREME COURT
H.G. PLATT
JUSTICE OF THE SUPREME COURT
I CERTIFY THAT THIS IS TRUE
COPY OF THE ORIGINAL.
B.F.B. BABIGUMIRA
REGISTRAR SUPREME COURT
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