Nyasio Bumali v uganda (Criminal Appeal No. 197 of 2003)
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Holding
The appellant, who had pleaded guilty to defiling a six-year-old girl, appealed against an eight-year sentence on the ground that it was harsh. The Court of Appeal restated that sentencing is within the trial judge's discretion and that an appellate court will not interfere unless the sentence is illegal or manifestly low, harsh or excessive so as to occasion a miscarriage of justice. The Court found that the trial judge had considered all relevant mitigating factors, including the guilty plea and the two-and-a-half years spent on remand, and had in fact passed a lenient sentence given the seriousness of the offence. The appeal was dismissed.
Facts
On 7 May 2001, the six-year-old victim was at her grandmother's home in Kamusongole village, Mubende District. In her grandmother's absence, the appellant lured the victim to a banana plantation under the pretext of collecting a jackfruit and defiled her there. The victim informed her grandmother, and the appellant was traced and arrested. On examination, the victim was found to be six years old and to have been defiled. The appellant, then about 38 years old, was indicted for defilement, pleaded guilty, and was sentenced by the High Court to eight years imprisonment. He had spent about two and a half years on remand. He appealed only against the sentence, contending it was harsh.
Issues
- Whether the sentence of eight years imprisonment imposed for defilement was manifestly harsh or excessive so as to warrant appellate interference.
Orders
- Appeal dismissed.
Key headnotes
Legislation cited (1)
- Penal Code Act s.129(1)
Cases cited (1)
- Mbowa Issa v Uganda (Criminal Appeal No. 14 of 2001)