Uganda v Apio (Criminal Sessions Case No. 0122 of 2018)

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

In a negotiated plea bargain case, the court convicted an 18-year-old first offender of aggravated defilement under sections 129(3) and 4(b) of the Penal Code Act for having sexual relations with a 16-year-old relative while HIV positive. The court accepted the plea agreement and imposed a sentence of five years' imprisonment, reduced to four years and two months after deducting ten months spent on remand, applying constitutional sentencing guidelines and considering current sentencing practices for similar offences.

Outcome

Accused convicted and sentenced to four years and two months' imprisonment

Facts

On 9th September 2017 at Agagura B Ward in Pader District, the accused, aged 18 and HIV positive, performed sexual acts with Onencan Shadick, a 16-year-old boy who was the nephew of her husband. The accused lured the victim to her house and had sexual intercourse with him twice in her husband's absence. The victim reported the matter to his mother, who reported it to Agagura Police Post. Medical examination on 12th September 2017 confirmed the accused was HIV positive and approximately 18 years old. The victim was found to be approximately 16 years old and HIV negative at the time.

Orders

• Accused convicted on own plea of guilty for aggravated defilement contrary to sections 129(3) and 4(b) of the Penal Code Act.
• Period of ten months spent on remand set off against sentence.
• Accused sentenced to four years and two months' imprisonment starting 8th August 2018.
• Right of appeal against legality and severity of sentence within fourteen days advised.

Legislation cited (4)

• Penal Code Act s.129(3)
• Penal Code Act s.129(4)(b)
• Constitution of Uganda Article 23(8)
• Constitution (Sentencing Guidelines for Courts of Judicature) (Practice) Directions 2013 Regulation 15(2)

Cases cited (5)

• Agaba Job v Uganda (Criminal Appeal No. 230 of 2003)
• Lubanga v Uganda (Criminal Appeal No. 124 of 2009)
• Abot Richard v Uganda (Criminal Appeal No. 190 of 2004)
• Lukwago v Uganda (Criminal Appeal No. 36 of 2010)
• Ongodia Elungat John Michael v Uganda (Criminal Appeal No. 06 of 2002)

The original judgment as reported. Read the original PDF before relying on any passage.