Law
Bodaboda Rider Brutally Robbed: Assailant’s 25-Year Sentence Upheld by Court
In a case that highlights the vulnerability of bodaboda operators, the Court of Appeal of Uganda has affirmed a 25-year prison sentence for Ssebalamu Faisal for his involvement in a violent aggravated robbery. The ruling, delivered by Justices Christopher Gashirabake, Asa Mugenyi, and John Mike Musisi, stems from an incident on March 5, 2018, in Jinja Kawempe Zone “A,” Kampala District.
The court documents detail how Ssebalamu Faisal and his accomplices targeted Kayongo Robert, a bodaboda rider. Faisal hired Kayongo for a ride, initially requesting to be taken to Kagoma. However, he later changed the destination to Ruth Gay Lord Hospital, Maganjo and then directed the rider to an unfinished building where the robbery occurred.
During the attack, Kayongo Robert was subjected to brutal violence. He was kicked, causing him to fall, and then cut with a panga. The assailants stole his Bajaj Boxer motorcycle (Reg. No. UEP 516M), a Nokia mobile phone, and cash. The victim sustained injuries that required significant medical treatment, costing over Shs. 3,000,000.
Following a trial, Faisal was convicted of aggravated robbery and sentenced to 25 years’ imprisonment. The High Court also ordered Faisal to compensate the victim a total of Shs 7,000,000 for the stolen items and medical expenses.
In the appeal, Faisal’s legal team argued that the sentence was excessively harsh, particularly given his status as a first-time offender and his young age (26 years old). They presented case law to argue for a lesser sentence, citing the principle of uniformity in sentencing.
The prosecution defended the sentence, asserting that the trial judge appropriately considered the crime’s violent nature and its impact on the victim. They also presented cases with even harsher sentences to illustrate the court’s discretionary power in sentencing.
The Court of Appeal, after reviewing the evidence and legal arguments, acknowledged the importance of sentencing consistency. However, the court concluded that the trial judge had indeed considered relevant aggravating and mitigating factors. The appeal judges determined that the 25-year sentence, while severe, was within the judicial range for such a crime.
This case underscores the risks faced by bodaboda riders in their daily work and the legal system’s response to violent crimes against them.
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