- Upon trial the appellant was found guilty as charged and was sentenced to 2O-years' imprisonment but dissatisfied with the sentence he appealed on grounds that it was harsh and manifestly excessive.
The Court of Appeal has ordered a man to serve his 20 year jail term handed to him after he hit a boda-boda rider with a hammer on the head while robbing the victim's motorcycle.
Muhindo Asaad, alias Bogere, was charged with the offence of aggravated robbery and sentenced to 20 years' imprisonment.
It was proved that on the 30th of February 2016, at Mowlem Cell, Hima Town Council in Kasese District, the appellant robbed Isma Kasule of a motorcycle, Reg.No. UEK 108C; a Bajaj Boxer; red in color valued at UGX 3.9 million Shillings.
Upon trial the appellant was found guilty as charged and was sentenced to 2O-years' imprisonment but dissatisfied with the sentence he appealed on grounds that it was harsh and manifestly excessive.
Evidence shows that the appellant and another still at large, trapped the victim with a sisal rope drawn across the road whike he rode his boda-boda resulting him into falling off the motorcycle he was riding and was immediately hit with a hatchet.
Asaad immediately took the motorcycle and rode off while his accomplice remained behind and continually assaulted the victim, Isma Kasule with a hammer, causing him head injuries.
Three justices of the Court of Appeal led by justice Fredrick Egonda Ntende have dismissed his Appeal on grounds that it lacked merit.
"The learned trial Judge mentioned 20 years' imprisonment as the starting point before he set off the period spent on remand before arriving at the sentence of 17 years and 10 days imprisonment" ruled Justice Ntende.
They ordered him to serve his sentence on ground that it was neither harsh nor excessive and found no reason to disturb it.