Mushabe Abdul v Uganda (Criminal Appeal No. 237 of 2003)
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Holding
The appellant, convicted of defilement of a 4-year-old victim, appealed only against his 14-year sentence, seeking its reduction to 8 years. The Court of Appeal held that the sentence was neither illegal nor excessive. The trial judge had considered all matters raised in mitigation and imposed a sentence appropriate in the circumstances. The Court found no reason to interfere and dismissed the appeal as devoid of merit.
Facts
The victim, aged 4 years and testifying as PW1, was sent by her parents to fetch water from a well. On the way home the appellant met her and requested water to drink, which she gave him. She returned to refill her container. The appellant offered to improvise a cover for her container but she refused. He then grabbed her, threw her on the ground and forcibly had sexual intercourse with her before running away. The victim proceeded home crying. The appellant was chased, arrested nearby, and taken to the authorities and later the police. At trial the appellant denied the offence, claiming he had been framed by the victim's father over a grudge. The trial judge rejected this defence, believed the prosecution case, convicted him of defilement and sentenced him to 14 years' imprisonment. The appellant appealed only against the sentence.
Issues
- Whether the sentence of 14 years' imprisonment imposed for defilement was illegal or excessive and should be reduced.
Orders
- Appeal dismissed.
Key headnotes
Legislation cited (2)
- Penal Code Act s.123(1)
- Penal Code Act s.129(1)