Adam Omwonda v Uganda [1994] UGSC 11 (17 November 1994)

# Adam Omwonda v Uganda [1994] UGSC 11 (17 November 1994) [ Share this document on WhatsApp opens in new tab __](https://api.whatsapp.com/send?text=Adam+Omwonda+v+Uganda+%5B1994%5D+UGSC+11+%2817+November+1994%29+-+https%3A%2F%2Fulii.org%2Fen%2Fakn%2Fug%2Fjudgment%2Fugsc%2F1994%2F11%2Feng%401994-11-17) [ Share this document on X opens in new tab __](https://twitter.com/intent/tweet?text=Adam+Omwonda+v+Uganda+%5B1994%5D+UGSC+11+%2817+November+1994%29+-+https%3A%2F%2Fulii.org%2Fen%2Fakn%2Fug%2Fjudgment%2Fugsc%2F1994%2F11%2Feng%401994-11-17) [ Share this document on Facebook opens in new tab __](https://www.facebook.com/sharer/sharer.php?u=https://ulii.org/en/akn/ug/judgment/ugsc/1994/11/eng@1994-11-17) [ Share this document on LinkedIn opens in new tab __](https://www.linkedin.com/sharing/share-offsite/?url=https://ulii.org/en/akn/ug/judgment/ugsc/1994/11/eng@1994-11-17) [ Share this document by email __](mailto:?subject=Take%20a%20look%20at%20this%20document%20from%20ULII:%20Adam%20Omwonda%20v%20Uganda%20\[1994\]%20UGSC%2011%20%E2%80%A6&body=https://ulii.org/en/akn/ug/judgment/ugsc/1994/11/eng@1994-11-17) __Save [ Download RTF (12.4 KB) ](/en/akn/ug/judgment/ugsc/1994/11/eng@1994-11-17/source) Toggle dropdown * [Download PDF](/en/akn/ug/judgment/ugsc/1994/11/eng@1994-11-17/source.pdf) Report a problem ##### Is there something wrong with this document? Problem category *Incorrect informationMissing informationNo PDF downloadDocument is emptyDocument is not accessible on my deviceOther What's the problem? * Your email address * CancelReport problem __ * Share * [ Download RTF (12.4 KB) ](/en/akn/ug/judgment/ugsc/1994/11/eng@1994-11-17/source) * [Download PDF](/en/akn/ug/judgment/ugsc/1994/11/eng@1994-11-17/source.pdf) * * * * * Report a problem __ ##### Adam Omwonda v Uganda [1994] UGSC 11 (17 November 1994) Copy citation __Save * __Document detail * __Related documents Citation Adam Omwonda v Uganda [1994] UGSC 11 (17 November 1994) Copy Media Neutral Citation [1994] UGSC 11 Copy Court [Supreme Court of Uganda](/en/judgments/UGSC/) Judgment date 17 November 1994 Language English Summary ###### Flynote * Criminal law Read full summary ###### Case summary The court found no merit in the appeal as the offence robbery carried a maximum of life imprisonment therefore a sentences in a range of 8 to 14 years was not corporal punishment. The court further held that the order for compensation could not be justified in the circumstances as the stolen properties were received by Police and returned to the complaint. __ ##### Ask AI Ask questions and understand this document faster using AI. __Ask AI * * * Skip to document content **THE REPUBLIC OF UGANDA** **IN THE SUPREME COURT OF UGANDA** **AT MENGO** **(CORAM: MANYINDO D.C.J., ODER-J.S.C., TSEKOOKO, J.S.C.)** **CRIMINAL APPEAL NO. 8/94** **BETWEEN** ADAM OWONDA==================================== APPELLANT AND UGANDA========================================= RESPONDENT _**(Appeal against conviction and sentence in the High Court at Kampala before (Hon. Egonda Ntende) on the 8**_ _**th**_ _**day of April, 1994)**_ **IN** **HIGH COURT CRIMINAL APPEAL NO. 323/93** _**JUDGMENT OF THE COURT:**_ The appellant was indicated in the High Court for aggravated robbery, contrary to Sections 272 and 273(2) of the Penal Code. He was acquitted of the charge but was convicted of the lesser offence of simple robbery, contrary to Sections 272 and 273 (1) of the Penal Code on the ground that the gun used in the robbery was not shown to be capable of releasing bullets. He was sentenced to 81/2 years imprisonment plus six strokes of the cane. He was also ordered to compensate the complainant in the sum of Shs.250,000/= and-to undergo police supervision of an unspecified period after his release from custody. He appealed to this Court against the sentence only. Miss Diana Harriet Musoke who represented him on appeal argued that the sentence of 81/2 years imprisonment was manifestly excessive as the appellant was a first offender and had been on remand for 11/2 years. We see no merit in the appeal. Robbery is serious offence. The offence in question carries a maximum of life imprisonment, which in this country is 20 years. The sentences in this type of case range from 8 to 14 years in the High Court. We see nothing wrong with the mandatory order for corporal punishment. However, we agree with Miss Musoke that the order for compensation cannot be justified in the circumstances of this case when all the stolen properties were received by Police and returned to the complaint. As we pointed out in the recent case of _**Kiiza and Nkonge v. Uganda,**_ Criminal Appeal No. 24/93 (unreported) the complainant can only be compensated for what he or she has lost in the robbery. We accordingly set aside the order for compensation. The order for police inquiry cannot be for an unlimited period. S. 123(1) of the Trial on Indictments Decreed provides that police supervision shall not exceed five years. The High Court usually limits it to 3 years. We order that the appellant under go police supervision for 3 years after his release from custody. The appeal is otherwise dismissed. Dated at Mengo 18th day of November, 1994. **S.T.** **MANYINDO** **DEPUTY CHIEF JUSTICE** **A.H.O. ODER** **JUSTICE OF THE SUPREME COURT** **J.W.N. TSEKOOKO** **JUSTICE OF THE SUPREME COURT** **I CERTIFY THAT THIS IS A** **TRUE COPY OF THE ORIGINAL,** **W. MASALU MUSENE,** _**REGISTRAR, THE SUPREME COURT.**_ 1 #### __Related documents #### More documents like this one __Suggestions generated by AI. This feature is not currently available. ▲ To the top >