Agudi Godfrey v Uganda (Criminal Appeal No.9 of 1999)
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Holding
The Court of Appeal dismissed an appeal against a 14-year sentence for defilement of a seven-year-old. It held that under section 93 of the Trial on Indictments Decree, failure to hear the accused on sentence is not fatal to the validity of proceedings, and in any event the appellant's counsel had addressed the court on sentence with mitigation. The Court further held the sentence was not manifestly excessive: defilement carries a maximum of death, an average sentence is around 15 years, the trial judge had considered the remand period, and the offence was aggravated by the appellant defiling his landlord's child whom he should have protected.
Facts
The appellant, a 32-year-old first offender, defiled a seven-year-old girl, the child of his landlord, contrary to section 123(1) of the Penal Code Act. The victim was badly injured in the private parts. On 9 March 1999 the High Court at Mukono convicted him and sentenced him to 14 years imprisonment. At sentencing his counsel addressed the court in mitigation, noting he was a first offender, a single parent of six children whose mother had died, a hernia patient, and had spent about two years on remand, praying for leniency. With leave, the appellant appealed against sentence only, arguing he was not heard in allocutus and that the sentence was manifestly excessive.
Issues
- Whether the trial judge erred in passing sentence without first hearing the appellant in allocutus.
- Whether the sentence of 14 years imprisonment for defilement was manifestly excessive.
Orders
- Appeal against sentence dismissed.
Key headnotes
Legislation cited (2)
- Penal Code Act s.123(1)
- Trial on Indictments Decree 1971 s.93