Court Martial cuts soldier's murder sentence by 23 years

Mar 05, 2024

Mugabe added, “This court finds a sentence of 32 years imprisonment appropriate, after reducing 3 months and twenty-nine days spent on remand.

AX/039531 LDP Jacob Odong in the dock at the General Court Martial (GCM) convicted of murder and his earlier 55 year jail term has been reduced to 32 years by the GCM. (Credit: Douglas Mubiru)

Douglas Mubiru
Production Journalist @New Vision

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A Uganda People’s Defence Forces (UPDF) soldier who was initially handed a 55-year jail sentence by the Division Court Martial of Special Forces Command (SFC) has seen his sentence reduced to 32 years.

General Court Martial (GCM) chairman Brig. Gen. Robert Freeman Mugabe on March 4, 2024, reduced AX/039531 LDP Jacob Odong’s sentence, saying grounds two and five of his appeal succeeded.

“In the premises, this court hereby interferes with the sentence and it is hereby set aside,” said Gen. Mugabe.

He added, “This court finds a sentence of 32 years imprisonment appropriate, after reducing 3 months and twenty-nine days spent on remand/lawful custody and nine months and twenty-three days spent serving sentence after conviction. This court hereby sentences you, Odong, to 30 years, 10 months, and two days imprisonment with effect from today.”

Gen. Mugabe further advised the convict to appeal within fourteen days if he was not satisfied with the decision of his court.

Background

Odongo was on April 26, 2023, condemned to 55 years imprisonment by the DCM of SFC after pleading guilty to murder.

The charge contravenes Sections 188 and 189 of the Penal Code Act, Cap 120, and carries a maximum death sentence.

Dissatisfied with the conviction and sentence, the convict (Odong) appealed before the GCM on five grounds, saying the trial court erred in law and fact when it tried him on a fatally defective charge sheet.

He further stated that the trial court erred in law and fact when it failed to follow the proper procedure and consider mitigating factors.

“My Lord Chairman and court members, we also submit that the trial court erred in law and fact when it tried and sentenced the applicant on the same day and awarded him an excessive, harsh, and severe sentence,” Elizabeth Nyasigwa, the applicant's lawyer said, before the judgment.

In their submission, the state prosecutor from the Office of the UPDF Director of Prosecutions, Private Phillip Anthony Olupot, argued before the court that guidelines only put a limit on how long the court should take to pass a sentence, but does not direct the court to spend seven days to pass a sentence, as the applicant had alleged.

Olupo further disclosed that the appellant with malice aforethought caused the death of one Baraza Mutasa and one Bingi Mutasa by stabbing.

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