Uganda v Ayo Tabu (Criminal Case No. 0070 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

The High Court convicted the accused on his own plea of guilty for aggravated defilement of a 13-year-old girl. The court accepted a plea bargain proposing six years' imprisonment, finding it appropriate in light of sentencing guidelines and appellate precedents. After deducting one year and three months spent on remand, the court imposed a sentence of four years and eight months' imprisonment.

Outcome

Accused convicted and sentenced to four years and eight months' imprisonment after deducting remand period

Facts

On 3 August 2017 at Acet Trading Centre in Omoro District, the victim, a 13-year-old girl, went to grind maize and left the flour at the roadside while buying a polythene bag. The accused, aged 18, picked up the flour and took it to his house. When the victim followed him, he grabbed her, threw her down, and had sexual intercourse with her. The victim's mother found them and reported the matter to police. Medical examination revealed bruises in the victim's private parts and a torn hymen. The accused was found to be mentally sound and HIV negative. The accused was arrested on 11 August 2017.

Issues

1. Whether the proposed sentence of six years' imprisonment under the plea agreement was appropriate for aggravated defilement.
2. What period spent on remand should be deducted from the sentence.

Orders

• Accused convicted on his own plea of guilty for the offence of Aggravated Defilement contrary to section 129(3) and (4)(a) of The Penal Code Act.
• Accused sentenced to four years and eight months' imprisonment, to be served starting 23 November 2018.
• Period of one year and three months spent on remand set off against the sentence.

Legislation cited (4)

• Penal Code Act s.129(3)
• Penal Code Act s.129(4)(a)
• Constitution 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. 200 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.