Dralada Moses v Uganda (Cr,appeal No. 108 of 2006)
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Holding
The appellant pleaded guilty to defilement under section 129(1) of the Penal Code Act and was sentenced to 12 years imprisonment. He appealed against the sentence alone, contending it was excessive. The Court of Appeal held that the offence carries a maximum penalty of death, and that a sentence of 12 years was neither unlawful nor, in the circumstances, harsh or excessive. The authority cited by counsel was found irrelevant. The appeal was dismissed and the sentence upheld.
Facts
The appellant, Dralada Moses, was charged with defilement contrary to section 129(1) of the Penal Code Act. On his own plea of guilty, he was convicted and sentenced by the trial court to 12 years imprisonment. With leave of the Court of Appeal, he appealed against the sentence alone, on the sole ground that it was excessive. The offence admitted carries a maximum penalty of death.
Issues
- Whether the sentence of 12 years imprisonment imposed for defilement was harsh or excessive.
Orders
- Appeal dismissed.
- Sentence of 12 years imprisonment upheld.
Key headnotes
Legislation cited (1)
- Penal Code Act s.129(1)