Principal Judge faults government over crime

By Hillary Nsambu

Principal Judge Yorokamu Bamwine has said that it is the duty of the state to pass laws that would stamp out crime and control criminality in society.

Opening a-three-day workshop on sentencing for trial judges at Commonwealth Resort Hotel, Munyonyo, Bamwine said that the penal policy in Uganda was indeed an issue of great public importance and; its formulation must be jointly shared by Parliament, the Executive and the Judiciary.

“The most difficult time in criminal proceedings is the sentencing time. The conviction may be proper, but if the sentence amounts to a travesty of justice, the whole process will be considered a flop. I want to believe that together we can make the sentencing process easier, less stressful and well appreciated by the consumer of justice,” Bamwine remarked.

Bamwine further remarked that crime rates were increasing at alarming rate. Some people rape, maim, rob, defile or kill others with arrogant impunity. It is their duty as judges to judge and punish those people who absolutely have no respect for the fundamental rights and interests of others.

“I look forward to the sacred power of sentencing being exercised righteously by all judicial officers with a true sense of purposeful justice and accountability at all times.  This is when we shall meet the public expectations as to “the values, norms and aspirations” under Article 126(1) of Constitution through an improved and reformed sentencing regime nationally and regionally,” Bamwine said.   

Reacting to the Principal Judge’s paper, it was the general consensus of the participants that sentences should commensurate the crimes and the criminals as well. The sentences should satisfy the offended and as such prevent revenge that could have occurred.  

However, Bamwine urged the judicial officers that when passing sentences they should consider how to punish the offender, how to protect the public, how to reform and change an offender’s behavior.  They should also ensure that an offender does something to make up for his or her crime and how to reduce future criminal activity by the offender.

He said that it is the duty of the court to evaluate all the relevant evidence in order to arrive, not only at a suitable, but also a fair and just sentence; which could only be done bearing in mind the age long regarded sentencing principles and purpose of sentencing.

The judge took the participants through purposes of sentencing, principles of sentencing, rehabilitation that is intended to offer offender help to overcome problems and protection of the public that is a major justification claims for punishment.