Sentencing

Sierra Leone — Court of Appeal · 1961

Principle established: An appellate court has no statutory power to increase a sentence when the appellant has not appealed against sentence.

Sierra Leone — Court of Appeal · 2015

Principle established: A judicial officer may be charged with misappropriation of public funds under the Anti-Corruption Act for actions taken in their official capacity.

Uganda · 2024

Principle established: An appellate court reviews whether a trial judge erred in sentencing for murder, particularly regarding the duration of imprisonment and the circumstances of the offence.

Sierra Leone — Court of Appeal · 2013

Principle established: A convict seeking to pay a court-ordered fine after the expiration of the deadline may apply for an extension of time to pay the remaining balance.

Uganda · 2024

Principle established: Bail pending appeal may be granted if the appeal is not frivolous, has a reasonable possibility of success, and the applicant provides substantial sureties.

Sierra Leone — Court of Appeal · 1963

Principle established: An appellate court should only interfere with a trial court's sentencing discretion where the trial court exercised that discretion on a wrong principle.

Sierra Leone — Court of Appeal · 1963

Principle established: An appellate court will disturb a trial court's sentence only if it is evident that the sentencing discretion was exercised on a wrong principle.

Sierra Leone — Court of Appeal · 2019

Principle established: The court examined grounds of appeal involving the failure to record a summing-up, misdirection on self-defence and provocation, and the constitutionality of the mandatory death sentence for murder.

Sierra Leone — Court of Appeal · 2018

Principle established: The court examined grounds of appeal involving the failure to record a summing-up, misdirection on self-defence and provocation, and the constitutionality of the mandatory death sentence for murder.

Sierra Leone — Court of Appeal · 2019

Principle established: The court examined grounds of appeal involving the failure to record a summing-up, misdirection on self-defence and provocation, and the constitutionality of the mandatory death sentence for murder.

Sierra Leone — Court of Appeal · 2015

Principle established: An application for bail pending appeal may be considered by the Court of Appeal following a conviction for receiving stolen goods, often supported by medical or legal grounds.

Kenya · 2017

Principle established: A sentence for burglary following a plea of guilty may be challenged on appeal if it is considered harsh or excessive under the circumstances of the offence.

Sierra Leone — African Law Reports · 1964-66

Principle established: Where an offence-creating statute is repealed and re-enacted with stiffer penalties, an offence committed before the repeal must be punished under the repealed statute's original penalties.

Sierra Leone — Supreme Court · 1965

Principle established: Where an enactment creating an offence is repealed and re-enacted with heavier penalties, offences committed prior to repeal must be punished according to the repealed enactment's lesser penalties.

Zimbabwe · 2024

Principle established: An appellate court may set aside a conviction and sentence for unlawful entry while upholding a conviction for murder based on the specific evidence presented for each count.

Sierra Leone — Court of Appeal · 2006

Principle established: An appellate court may quash a conviction and death sentence for murder and substitute a conviction for manslaughter with an appropriate term of imprisonment accounting for custody time.

Uganda · 2024

Principle established: An appellate court may consider whether sentences for multiple counts of attempted murder should run concurrently or consecutively to ensure the total punishment is not excessive.

Sierra Leone — Court of Appeal · 2014

Principle established: Upon the quashing of a conviction, the court must order the refund of all sums paid by the accused as fines or restitution related to the quashed counts.

Sierra Leone — Court of Appeal · 2013

Principle established: A public official may be convicted of misappropriation of public funds under the Anti-Corruption Act for giving verbal instructions that lead to the unauthorized disbursement of state funds.

Sierra Leone — Court of Appeal · 2014

Principle established: When a conviction for corruption is quashed on appeal, any monies paid as fines or refunds of the subject matter of the offences must be returned to the appellant.

Malawi · 2024

Principle established: Leave to appeal out of time against a sentence for possession of listed species may be denied if the applicant fails to provide sufficient grounds for the delay.

Sierra Leone — Court of Appeal · 1960

Principle established: A superior court judge has summary jurisdiction to convict and fine for contempt of court committed in facie curiae without following ordinary criminal procedure or hearing formal evidence.

Kenya · 2024

Principle established: In cases of robbery with violence and gang rape, the court must evaluate the evidence of identification and the use of dangerous weapons to sustain a conviction.

Zimbabwe · 2024

Principle established: A public official may be convicted of theft of trust property if they misappropriated assets entrusted to them in their official capacity.

Sierra Leone — Court of Appeal · 2012

Principle established: Convictions for robbery with aggravation and wounding with intent may be appealed to the Court of Appeal to challenge the findings of the trial court.

Uganda · 2019

Principle established: An applicant may be granted bail pending appeal if they demonstrate substantial sureties, a fixed place of abode, and have previously honored bail conditions during trial.

Kenya · 2024

Principle established: A conviction for defilement of a minor results in a mandatory life sentence under the Sexual Offences Act, which may be upheld on appeal if the evidence is conclusive.

Sierra Leone — Court of Appeal · 2013

Principle established: Convictions for abuse of office and failure to comply with procurement laws under the Anti-Corruption Act may result in substantial fines or concurrent terms of imprisonment.

Uganda · 2024

Principle established: The court may impose consecutive sentences for distinct offences like rape and aggravated robbery, provided the total sentence is proportionate to the gravity of the crimes.

Zimbabwe · 2026

Principle established: Unlawful possession of a specially protected animal trophy attracts a mandatory minimum sentence unless the accused demonstrates special circumstances surrounding the commission of the offense.

Kenya · 2024

Principle established: A sentence of life imprisonment for defilement may be challenged on the grounds of being excessive or unconstitutional, requiring the court to consider the specific circumstances and time spent in remand.

Kenya · 2022

Principle established: Conviction for the defilement of a child requires proof of intentional penetration, and the court must adhere to statutory sentencing guidelines for such offences.

Zimbabwe · 2026

Principle established: Public officers commit a criminal offense when they act inconsistently with their duties for the purpose of showing favor or disfavor to any person.

Zimbabwe · 2026

Principle established: A conviction for fraud will be upheld where the evidence establishes that the accused made a misrepresentation with the intent to defraud, resulting in prejudice.

Uganda · 2026

Principle established: A conviction for murder requires proof beyond reasonable doubt of the unlawful killing of a human being with malice aforethought.

Zimbabwe · 2026

Principle established: Fraud is committed when a person makes a false representation with the intent to deceive, causing another person to act to their prejudice.

Kenya · 2024

Principle established: The mandatory nature of the death sentence for murder is unconstitutional, and courts must exercise discretion in sentencing by considering the specific circumstances of the case.

Uganda · 2026

Principle established: When sentencing a convict, the court must take into account the period spent on remand to ensure the legality and fairness of the final custodial term.

Malawi · 2023

Principle established: Mandatory death sentences for murder are unconstitutional, and convicts sentenced under such provisions are entitled to a resentencing hearing where the court exercises its discretion.

Malawi · 2023

Principle established: A repeat offender convicted of a serious sexual offence such as defilement may be referred to a higher court for a sentence that exceeds the jurisdictional limits of the trial court.