In The Case of Batesa Malijani V Uganda Criminal Appeal No.69 Of 2018 Supreme Court of Uganda Coram; Justice Mwangusya, Opio Aweri, Mugamba, Buteera & Nshimye
The Appellant was convicted for the offence of murder Contrary to Section 188 & 189 of the Penal Code Act and sentenced to 75 years of life imprisonment. The Appellant appealed to this Court stating that the sentence of 75 years is illegal and harsh and should be quashed.
The Justices of the Court of Appeal unanimously held that an Appellate Court will only interfere with the sentence of the trial Court if there is an illegality such as where the trial Court acted contrary to the law or upon a wrong principle or overlooked a material factor. The Appellate Court will also interfere if the said sentence is harsh and or manifestly excessive or inadequate.
The Supreme Court dismissed the Appeal on the grounds that the trial Court rightly exercised its duties by taking into consideration the remand period and other factors before passing the sentence and therefore, the sentence was not legal.