Mbarushimana Vs Uganda (Criminal Appeal No. 74 of 2014) [2018] UGCA 90 (2 October 2018)

Flynote

Criminal law

Case summary

The court noted that as the first appellate court, they are required to re appraise the evidence and reach an independent decision noting that they haven’t had an opportunity to see the witnesses. The court considered whether the sentence of 37 years was harsh and manifestly excessive. The court held that though the sentence was legal, the age of the convict ought to have substantially mitigated the sentence given that he would be deprived of meaning full life after release and the possibility of reform.

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