Saabwe Abdu v Uganda (Criminal Appeal No. 237 of 2002)
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Holding
The Court of Appeal dismissed the appeal against conviction and sentence for defilement. It held that the prosecution proved all three ingredients beyond reasonable doubt: the complainant was under 18 years (no exact age need be proved, only apparent age); penetrative sex occurred (the slightest penetration suffices and was corroborated by medical evidence of a ruptured hymen and injuries); and the appellant participated, the implicating evidence being overwhelming. On sentence, the Court held an appellate court will not interfere with the trial court's discretion unless the sentence is illegal, harsh or excessive, none of which was shown. The 12-year sentence was found appropriate.
Facts
On 14 September 2000 at Namalinda village, Nakasongola District, the complainant Faith Nanyonyi, a girl under 18, was sent to a well with her sister and others. On returning they met a man covered in bark cloth who abducted the two girls and had sexual intercourse with the complainant; the girls identified him by voice. When the girls failed to return, their father consulted the appellant, known in the village as a witch doctor, who advised that two goats and two chickens be brought for sacrifice. After the sacrifice, the appellant collected the girls from the forest where they had spent the night. The complainant later revealed, in the appellant's presence, that he had had sexual intercourse with her. A clinical officer who examined the complainant found a ruptured hymen, injuries and inflammation around her private parts, estimated to be four days old. The appellant, in an unsworn statement, denied the offence and claimed he merely performed his work as a witch doctor in finding the girls.
Issues
- Whether the prosecution proved all the ingredients of the offence of defilement beyond reasonable doubt.
- Whether the trial judge relied on contradictory and inconsistent evidence to convict the appellant.
- Whether the trial judge properly evaluated the evidence on record.
- Whether the sentence of 12 years imprisonment was excessive and unjustified.
Orders
- Appeal dismissed in its entirety.
- Conviction and sentence of 12 years imprisonment upheld.
Key headnotes
Legislation cited (1)
- Penal Code Act s.129(1)