Court upholds 30-year sentence for panga murder
A panel of three Justices of Appeal, Hellen Obura, Jesse Byaruhanga Rugyema and Cornelia Kakooza Sabiiti, dismissed Bahati Peter Mukasa's appeal against the sentence.
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The Court of Appeal has upheld a 30-year and eight-month prison sentence imposed on a man convicted of murdering his friend with a panga in Kabale district.
A panel of three Justices of Appeal, Hellen Obura, Jesse Byaruhanga Rugyema and Cornelia Kakooza Sabiiti, dismissed Bahati Peter Mukasa's appeal against the sentence.
The judgment arose from a decision of the High Court at Kabale, where Justice Moses Kazibwe Kawumi convicted Mukasa of murder and sentenced him to 35 years' imprisonment.
The High Court deducted the four years and four months Mukasa had spent on remand, leaving him with an effective sentence of 30 years and eight months.
Court records indicate that the murder occurred on February 24, 2013, at Nyakaranga village, Kiyebe parish, Ruhijja subcounty in Kabale district.
The prosecution's case was that Mukasa attacked Bosco Mugabirwe and his wife, Sylvia Katushabe, at their home during the night.
According to the evidence, the couple was asleep when an intruder entered their house and attacked them with a panga.
The deceased managed to escape from the house, but the attacker pursued him and continued cutting him with the panga until he died.
Katushabe also escaped with her three children and sought refuge at the home of a neighbour, Muhangi.
The deceased's body was examined by a doctor, who found several cut wounds and attributed the cause of death to hypovolaemic shock and excessive bleeding.
Katushabe was also examined and found to have sustained several deep cut wounds to her head and upper and lower limbs.
Court records further indicate that Mukasa fled and hid in a forest before later surrendering to police.
In his defence, Mukasa denied killing the deceased, saying he had been sleeping at his home when he heard people approaching and threatening to kill him. He said he fled and got lost in Bwindo forest before finding his way and reporting himself to police.
The High Court convicted him on July 31, 2017.
In the Court of Appeal, Mukasa initially challenged both his conviction and sentence. However, during the pre-hearing conference on September 8, 2026, his lawyer, Albert Sibuta Mooli, abandoned the ground challenging the conviction.
His lawyer argued that the 30-year and eight-month prison sentence was harsh and excessive and that the trial judge had failed to properly consider the mitigating factors.
The prosecution, represented by chief state attorney Joan Keko, opposed the appeal, arguing that the sentence was appropriate given the circumstances of the offence.
The Court of Appeal noted that the trial judge had considered the mitigating factors, including Mukasa being a first offender, his age, family responsibilities, possibility of reform, plea for leniency and the four years and four months he had spent on remand.
The judges also noted that murder carries a maximum penalty of death and that the Sentencing Guidelines prescribe a starting point of 35 years' imprisonment, with a sentencing range of 30 years to death, depending on the circumstances of each case.
The court said consistency in sentencing does not require identical sentences in all cases because the circumstances of offences and offenders differ.
It cited previous decisions in which sentences of 30 and 35 years' imprisonment for murder had been upheld.
The justices concluded that the sentence imposed on Mukasa was within the range available to the trial judge and was not manifestly excessive.
The court consequently dismissed the appeal and confirmed the sentence of 30 years and eight months' imprisonment.