Role of Appellate Court

Kizito v Uganda (CRIMINAL APPEAL NO. 89 OF 2013) [2018] UGSC 36 (30 July 2018);

Flynote: 

Search Summary: 

The appellant was tried and convicted on his
own plea of guilt for the offense of rape. The
background is that the appellant had carnal
knowledge of the victim without her consent
and he was sentenced to 12 years
imprisonment. He now appeals against the
sentence only on the ground that the sentence
was harsh as the time spent on remand was not

considered in sentencing.

Headnote and Holding: 

The court held that the decision of the court
will only be interfered with if it is reached on a
wrong principle of law or overlooked some
material factor or the sentence is manifestly
excessive. That as the trial judge didn’t
consider the period spent on remand a
provision which is mandatory, the sentence
passed was illegal.

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