The Court of Appeal has upheld the 17-year jail sentence imposed on Assad Muhindo alias Bogere for aggravated robbery.
The Court on Friday comprised of Justices Fredrick Egonda Ntende, Catherine Bamugemereire, and Monica Mugenyi found no merit in Bogere’s appeal and consequently dismissed it.
The appeal filed in 2018 arises from a judgment delivered on March 20th, 2016 by Justice Anthony Oyuko Ojok, the then High Court Judge Fort Portal.
Court heard that on February 3rd, 2016, at Mowlem Cell, Hima Town Council in Kasese District, Bogere robbed Isma Kasule of a motorcycle, Registration number UEK 108C; a Bajaj Boxer; red in color valued at 3.9 million shillings.
Court heard that Bogere and another person who has never been arrested trapped the victim with a sisal rope drawn across the road and as he was riding, he fell off and was hit immediately with a matchet.
“The appellant/Bogere immediately took the motorcycle and rode off. His accomplice remained behind and continually assaulted the victim, Isma Kasule with the deadly weapon, to-wit, a hammer, causing head injuries. Upon trial the appellant was found guilty as charged and was sentenced to 20 years’ imprisonment.”, reads the case.
Bogere was dissatisfied with the sentence which he found to be harsh and excessive and he challenged it.
The prosecution on their part asked the court to confirm the sentence handed to Bogere saying the offence of aggravated robbery attracts a maximum sentence of death upon conviction.
Vicky Nabisenke, the Assistant Director for Public Prosecutions submitted that the Bogere used a deadly weapon (a hammer) on his victim and inflicted head injuries resulting in scalp lacerations which could have caused the death of the victim. Her submission was that the prevalence of such attacks on boda boda cyclists justifies a deterrence sentence.
In their decision, the justices say they have taken a closer look at the record, but Bogere was sentenced to 17 years and ten days, not 20 years as he had stated in his appeal.
“Rather, the learned trial Judge mentioned 20 years’ imprisonment as the starting point before he set off the period spent on remand. The learned trial Judge finally arrived at the sentence of 17 years and 10 days’ imprisonment”, said the Justices.
They had added that the sentence, in their view, is neither harsh nor excessive and therefore found no reason to lower it, hence dismissing it.
URN.