Court of Appeal set aside a 50 year jail term of Convict

In Summary
  •  Judges ruled that the sentencing was not in consistency  with the sentences previously imposed in similar cases.
court
Image: Courtesy photo

The Court of Appeal has set aside a 50 year jail term handed to a man who killed the father of another man he suspected to be befriending  his wife.

Tubeine Robert alias Lecturer was convicted of murder  and sentenced  to 50 years imprisonment.

Prosecution  proved that on the 17th  of August 2017, the deceased (KaheruTerasiso) went missing and his relatives started searching for him before his relatives  found his body dumped in the swamp on the 19th of August.

 Ms. Kamujuni Evelyn suspected the appellant to have killed the deceased because 8 days previous he had allegedly threatened to kill one of the family members of the deceased if the deceased  did not stop his son from befriending his wife.

The appellant was arrested and charged with murder but denied the charges before the court found him guilty as charged and sentenced him to 50 years of imprisonment. 

Dissatisfied with the decision of the trial court, he appealed against both the conviction and sentence accusing  trial  judge  to have  erred in law and fact when he failed to properly evaluate the evidence on the record which occasioned a miscarriage  of Justice and handing him  a  harsh  and  manifestly excessive punishment.

Three justices  of the Court of Appeal  led by Deputy Chief Justice Richard Buteera have ruled that the sentencing was not in consistency  with the sentences previously imposed in similar cases.

They have now set aside the 50 years and replaced it with a sentence  of 35 years to run from 10th September  2020 when he was convicted.The lower court had handed him the said sentence as a deterrent.

"The convict killed an innocent man who merely advised him to behave well and these useless Murders (are rampant in this area and must be stopped.

"The lower court further ruled that  the appellant comes from a young generation  tat has a role of taking care of the other people in society but instead they are killing them like goats which must be stopped with deterrent  sentences.