Uganda V Maj. Babumba Joel and Anor (Criminal Revision 454 of 2020) [2020] UGHCCRD 145 (30 December 2020)

### **THE REPUBLIC OF UGANDA**

## **IN THE HIGH COURT OF UGANDA HOLDEN AT KAMPALA**

# **(CRIMINAL DIVISION)**

### **HCT-00-CR-SC-0454-2020**

**UGANDA ………………………………………. PROSECUTOR**

# **VERSUS**

**1. R0/007788 – MAJ. JOEL BABUMBA**

**2. BAGUMA ALEX alias MUZEYI.………………… ACCUSED**

### **BEFORE: HON. MR. JUSTICE J. W. KWESIGA**

# **SENTENCING:**

### **Background**:

Major Joel Babumba and Baguma Alex hereinafter called the convicts, were found guilty of Murder C/ss 188 and 189 of the Penal Code Act on 7th July 2020 by the Court of Appeal of Uganda upon successful appeal by the state appeal against the acquittal by the High Court sitting at Masaka High Court circuit on the 16th day of December, 2016. The Court of Appeal Ordered that the two convicts who had been at Large be remanded and produced before the High Court, Criminal Division for sentencing.

On 14th August 2020, this court directed convicts and the state to file written submissions to serve both partie's right to be heard in the sentencing proceedings in compliance with standard operation procedure that was by Government to restrict open court appearances where written submissions serve interests of Justice to reduce the spread of Covid-19.

This is for protection of life of the prisoners, Judicial officers and all other people involved or concerned.

From the start it must be noted and appreciated that the sentencing Judge had no benefit of participating in any of the pre-sentencing proceedings and therefore, reliance has been largely on the written submissions and the convicting judgment.

The prosecution submissions in brief stated that:-

Major Joel Babumba, the first convict, is aged 46 years, he is a first offender. He is a UPDF Officer who had a duty to protect life of the people of Uganda but he instead killed the deceased.

Baguma Alex, the second convict is 46 years old. He is presumed a first offender. The state submitted that the effect of the crime was loss of life, suffering of deceased's family and the state proposed 40 years imprisonment.

In mitigation, Joel Babumba and Baguma Alex through M/s. Ochieng Associated Advocates filed written submissions. Each of the convicts has his separate anticedents and criminal responsibility despite the fact that they are jointly charged, tried and convicted. This court will consider their mitigations separately.

- 1. Major Joel Babumba: - He is aged 46 years. - He is a first offender.

- He had spent 30 days on remand before trial and he has spent ….days on remand pending sentencing. - 2. Baguma Alex Muzeyi: - He is aged 46 years. - He is a first offender. - He was remanded pending sentencing with effect from 7th July 2020. - He was on remand for 1 year pending trial.

## **SENTENCE AND REASONS FOR IT**:

I have carefully examined the available record of the proceedings availed to me for me to appreciate the manner in which the offence was committed. The deceased was assaulted several times on the head. He suffered and died from multiple head fractures. This was brutal intentional killing by the culprits which shows lack of value and respect to human life. This offence of murder attracts maximum death sentence. However, considering that each of the two convicts is aged 46 years, each is a first offender and has a change of reforming after spending long enough time under professional recorrectional service of Uganda Prisons Services. I have discounted the death sentence and I will give each a custodial sentence.

I have considered and discounted the period each of the convict has spent on remand and what I hereby pronounce is the net final sentence by this court running from this day of sentencing:-

- (a) R0/07788- Major Joel Babumba is hereby sentenced to 20 (Twenty) years imprisonment. - (b) Baguma Alex alias Muzeyi is hereby sentenced to 20 (Twenty) years imprisonment. - (c) The convicts have a right of Appeal.

Dated this **30th** day of **December 2020**.

J. W. Kwesiga

# **High Court Judge**

30/12/2020

### **In the presence of**:-

1. State Attorney

For the Director of Public Prosecutions.

2. M/s. Ochief Associated Advocates

For the Accused/Convicts.

3. Court Clerk.