Why URA Hackers were fined $4500 Each and 12 Years in jail.

I find both Nsubuga and Byamukama culpable and in agreement with the gentleman assessor I convict both Nsubuga and Byamukama under count III”.

Justice Mugamba acquitted all on charge of fraudulent evasion of payment of duty, contrary to section 203(e) of the East African Community Customs Management Act 2009.

The sentence
Guster Nsubuga, the first convict, and Robinhood Byamukama, the other convict, singularly and through their counsel express their regret for what they did and ask this court to be lenient when passing sentence. Besides their young age both told court that they have families and that they are bread winners for their respective families.

The state on the other hand seeks a stiff sentence to be handed down to each of the convicts, arguing that what they did resulted in tremendous loss to the exchequer of URA and compromised the security system of the country. Doubtless it shakes the faith people here and abroad have in that body fondly known as URA.

Ramifications of cyber-crime are not as obvious as those of robbery for instance in the short term. In the long run one notices the greed of those who seek to disinherit the poorest of the poor through discreet methods such as the convicts sought to employ and did apply to sordid effect.

I have anxiously considered the recommendation of the prosecution to invoke S.20 of the Computer Misuse Act where convicts in like offences are liable to life imprisonment for offences under count 1, count 3 and count 4. I note the convicts have no previous record and that they are relatively young men. I have taken into account the period they have spent on remand and the fact that they have young families.

Of course I bear in mind their remorse. Consequently, I sentence each of the convicts to 12 years’ imprisonment on count 2. On count 1, 3, and 4 I sentence each one of them to 8 years’ imprisonment. On count 5, each of the convicts is sentenced to a fine $4,500. The custodial sentences are to run concurrently.
Concerning pecuniary losses possibilities may be sought elsewhere if applicable.

JUDGE PAUL K. MUGAMBA, APRIL, 3 2013