Agaba Job v Uganda (Criminal Appeal No. 230 of 2003)
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Holding
The Court of Appeal dismissed an appeal against a 10-year sentence for defilement of a six-year-old child. The appellant argued the sentence was excessive given his intoxication at the time, his remorse and his guilty plea. The Court held that sentencing is within the discretion of the trial judge, who had properly considered all mitigating and aggravating circumstances, including that the appellant was a first offender who pleaded guilty, against the victim's age and the maximum penalty of death. The Court further held that intoxication is not in law a mitigating factor in sentencing for defilement. The sentence was found lenient and the appeal lacked merit.
Facts
The appellant was a porter employed by the parents of the victim and lived in their home at Kichwamba Technical College, Kihindo Parish, Kabarole District. During June 2001 the victim, a six-year-old girl, returned home from school for lunch while her parents were absent. She went to the kitchen, where the appellant followed her and defiled her, instructing her not to tell anyone. The victim told two other small girls who reported the matter to their mother. When asked, the victim narrated what had happened. A medical examination confirmed she was six years old and that her hymen had been ruptured. The appellant was arrested and charged with defilement. On arraignment before the High Court at Fort Portal he pleaded guilty and was sentenced to 10 years imprisonment.
Issues
- Whether the sentence of 10 years imprisonment for defilement was harsh or excessive.
- Whether intoxication is a mitigating factor in sentencing for the offence of defilement.
Orders
- Appeal dismissed.