Uganda v Draleku (Criminal Case No. 0025 of 2017)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The accused pleaded guilty to aggravated defilement of a 13-year-old girl and a plea bargain proposing five years' imprisonment was accepted by the court. The court reviewed the proposed sentence against sentencing guidelines and comparable cases, finding it slightly high given the circumstances, the accused's time on remand, his consistent admission, and his family and medical situation. The sentence was reduced to four years' imprisonment.
Outcome
Accused convicted and sentenced to four years' imprisonment
Facts
On 9th July 2016 at Busia village in Koboko District, the accused met the victim Mercy Alosa, aged 13 years, and initiated a relationship with her. On 10th July 2016 at 10:30 pm, the accused took the victim to the house of one George and had sexual intercourse with her. She returned home at dawn. When her father discovered she had not spent the night at home, he assigned Bayiga Charles to interrogate her. She disclosed she had spent the night with the accused. The father and Bayiga Charles arrested the accused at Busia Police post. He was transferred to Koboko Police Station. The accused admitted the offence in his charge and caution statement. Medical examination at Koboko Health Centre IV on 13th July 2016 found the accused to be of apparent age 19 years and the victim of apparent age 13 years. The victim's examination revealed a whitish discharge and microscopic examination of a vaginal swab found pus cells and semen. The accused had been on remand for one year and eight months before sentencing.
Issues
- Whether the proposed sentence of five years' imprisonment in the plea agreement was appropriate in light of the Constitution (Sentencing Guidelines for Courts of Judicature) (Practice) Directions, 2013 and current sentencing practices.
Orders
- Accused convicted on his own plea of guilty for the offence of Aggravated Defilement contrary to sections 129(3) and 4(a) of The Penal Code Act.
- Accused sentenced to four years' imprisonment to be served starting 4th April 2018.
- Convict advised of right of appeal against the legality and severity of sentence within fourteen days.
Legislation cited (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)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.