Guadensio Dracai v Uganda (Criminal Confirmation 6 of 92) [1992] UGHC 83 (10 April 1992)

& Hom. I'm. Justice F. 1915. Egonda- Nteade

#### THE REPUBLIC OF UGANDA

# IN THE HIGH COURT OF UGANDA AT KAMPALA

## CRIMINAL CONFIRMATION 6 OF 92

## ORIGINAL CRIMINAL CASE NO: 233/91

GUADENSIO DRACAI ACCUSED

#### VERSIIS

**UGANDA** PROSECUTOR BEFORE: THE HON. MR. JUSTICE G. M. OKELLO

#### Order for Confirmation of sentence

The accused was convicted on his own plea of guilty of /offence This under the Firearms Act 1970. He was convicted of 'an 🍀 being in possession of Firearm without a valid Firearm Certificate contrary to section $2(2)(a)$ of the Firearm Act. He was a first offender. Subsequently he was sentenced by the trial Magistrate Grade 1 to 3 years imprisonment.

<span id="page-0-0"></span>The file was sent to this court for confirmation of the sentence under section 167 of the MCA'70. This section requires that a sentence of imprisonment of two years and over imposed by a Magistrate must be confirmed by this court. The sentence of three years imprisonment imposed by the trial Magistrate on the accused in this case therefore attracts confirmation. The file was placed before me for the purpose.

When I perused the record of the proceedings in the file, I was satisfied with the conviction as being proper. The plea upon which the conviction was based is unequivocal. The accused was found in possession and control of a gun which was tested by an NRA soldier and it was found to be an S. M. G. No: 18181. The Accused had no valid Firearm Certiffcate to possess the firearm. He admitted these facts.

The offence under section 2 (2) (a) of the Firearm Act carries a maximum sentence of ten years imprisonment $\phi$ a fine of up to twenty thousand shillings or to both.

$\cdot$ 2.

In the instant case, the trial Magistrate imposed on the accused a sentence of 3 years imprisonment as a deterent punishment. Without under rating the seriousness of the offence I think the above sentence is so harsh as to amount to a miscarriage of justice to a first offender who readily pleaded guilty to the offence. It is therefore not confirmed. It is instead reduced to two (2) years imprisonment.

G. M. OKELLO

JUDGE. $10/4/92.$

$-1155$

$\cdot \sigma_{\rm N}$