NRA Pte Robert Byaruhanga v Uganda [1989] UGSC 3 (5 December 1989)

# NRA Pte Robert Byaruhanga v Uganda [1989] UGSC 3 (5 December 1989) [ Share this document on WhatsApp opens in new tab __](https://api.whatsapp.com/send?text=NRA+Pte+Robert+Byaruhanga+v+Uganda+%5B1989%5D+UGSC+3+%285+December+1989%29+-+https%3A%2F%2Fulii.org%2Fen%2Fakn%2Fug%2Fjudgment%2Fugsc%2F1989%2F3%2Feng%401989-12-05) [ Share this document on X opens in new tab __](https://twitter.com/intent/tweet?text=NRA+Pte+Robert+Byaruhanga+v+Uganda+%5B1989%5D+UGSC+3+%285+December+1989%29+-+https%3A%2F%2Fulii.org%2Fen%2Fakn%2Fug%2Fjudgment%2Fugsc%2F1989%2F3%2Feng%401989-12-05) [ 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/1989/3/eng@1989-12-05) [ 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/1989/3/eng@1989-12-05) [ Share this document by email __](mailto:?subject=Take%20a%20look%20at%20this%20document%20from%20ULII:%20NRA%20Pte%20Robert%20Byaruhanga%20v%20Uganda%20\[1989\]%20%E2%80%A6&body=https://ulii.org/en/akn/ug/judgment/ugsc/1989/3/eng@1989-12-05) __Save [ Download RTF (51.9 KB) ](/en/akn/ug/judgment/ugsc/1989/3/eng@1989-12-05/source) Toggle dropdown * [Download PDF](/en/akn/ug/judgment/ugsc/1989/3/eng@1989-12-05/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 (51.9 KB) ](/en/akn/ug/judgment/ugsc/1989/3/eng@1989-12-05/source) * [Download PDF](/en/akn/ug/judgment/ugsc/1989/3/eng@1989-12-05/source.pdf) * * * * * Report a problem __ ##### NRA Pte Robert Byaruhanga v Uganda [1989] UGSC 3 (5 December 1989) Copy citation __Save * __Document detail * __Related documents Citation NRA Pte Robert Byaruhanga v Uganda [1989] UGSC 3 (5 December 1989) Copy Media Neutral Citation [1989] UGSC 3 Copy Court [Supreme Court of Uganda](/en/judgments/UGSC/) Judgment date 5 December 1989 Language English Summary ###### Flynote * Criminal law Read full summary ###### Case summary The court considered whether the sentence imposed on the appellant was manifestly excessive. The court held that a deterrent sentence was required having regard to the circumstances of the case. The court was satisfied that although the appellant was a young first offender, the offence was grave and prevalent at the material time. The court accordingly upheld the trial court’s sentence and dismissed the appeal. __ ##### Ask AI Ask questions and understand this document faster using AI. __Ask AI * * * Skip to document content IN THE SUPREME COURT OF UGANDA AT MENGO CRIMINAL APPEAL NO. 2/86 BETWEEN NRA. PTE ROBERT BYARUHANGA :::::::::::::::::::::::::::::::::::::::::::::::: APPELLANT AND UGANDA :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: RESPONDENT (Appeal from the conviction and sentence of the High Court of Uganda at Kampala (Mrs. Justice L.E.M Kikonyogo) dated 23/5/86) _JUDGEMENT OF THE COURT_ The appellant is a private to the National Resistance Army. He was indicted before the High Court sitting at Kitgum for the murder of Juliana Ataro at Adileng Trading Centre, Agogo County in the district of Kitgum. He was convicted of Manslaughter contrary to section 182 of the Penal Code end was sentenced to 10 years imprisonment. He has now appealed to this Court against sentence only. There is evidence that the appellant was drinking together with other soldiers and some civilians at the Trading Centre. The soldiers were armed with runs. There is evidence that the appellant fixed his gun at the door behind which were people with whom the appellant hold been drinking killing the deceased, Juliana Ataro. The deceased had sustained serious injuries including compound fracture of the left amenerous, a through wound from the right to the left part of the chest, impaired lung and blood vessels and shattered mandible and maxilla. These injuries caused her death. We are satisfied that the appellant as properly convicted. As regards sentence, the learned trial Judge gave reasons for imposing the sentence. She had considered the age of the appellant, the fact that he was a first time offender, but she referred to the gravity of the offence and its prevalence at the material time. In her view a deterrent sentence was called for. In these circumstances we are unable to say that the learned trial judge exercised his discretion wrongly in that the sentence is manifestly excessive having regard to the circumstances. We see no merit in the appeal, which is accordingly dismissed. DATED AT MENGO THIS 5th DAY OF DECEMBER 1989 S.W.W. WAMBUZI CHIEF JUSTICE S.T. MANYINDO DEPUTY CHIEF JUSTICE A.H.O. ODER JUSTICE OF THE SUPREME COURT I CERTIFY THAT THIS IS A TRUE COPY OF THE ORIGINAL B.F.B.BABIGUMIRA REGISTRAR SUPREME COURT 1 #### __Related documents #### More documents like this one __Suggestions generated by AI. This feature is not currently available. ▲ To the top >