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Uganda v Kasibante & Another (Session Case 16 of 2022)

High Court · [2023] UGHCICD 7 · 2023 Charges Confirmed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Pre-trial confirmation of charges hearing in the International Crimes Division
Decision
Charges confirmed and accused persons committed to trial

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court International Crimes Division confirmed both charges against the accused persons. Applying the Rome Statute standard of substantial grounds to believe, the court found sufficient evidence that A1 and A2 recruited, transferred, or harboured a 16-year-old victim for sexual exploitation, constituting aggravated trafficking in children. The court further confirmed that A1 performed sexual acts with a child below 14 years, constituting aggravated defilement. The court held that the appropriate standard at a pre-trial confirmation hearing is substantial grounds to believe, lower than the prima facie standard required at trial.

Outcome

Charges confirmed and accused persons committed to trial

Facts

Between December 2018 and April 2021, A1 and A2, residents of Kampala and Mukono Districts, harboured and transferred a 16-year-old victim (Kisakye Betty) for sexual exploitation. In 2017, the victim left A2's home (A2 being her aunt) and entered a purported marriage with A1. The victim became pregnant and the baby died at birth. A1 called A2 to collect the victim for treatment. After recovery, A1 took the victim back with A2's approval after giving A2 items and 300,000 shillings. In April 2021, A1 reported theft by the victim to police. When police arrested the victim, they found A2 at the premises. Both accused were arrested. Medical examination confirmed the victim was 16 years old with a ruptured hymen. A1 was found to be an adult of normal mental status.

Issues

  1. Whether the prosecution adduced sufficient evidence to establish substantial grounds to believe that the accused persons committed the offence of aggravated trafficking in children contrary to Section 3(1)(a) and 5(a) of the Prevention of Trafficking in Persons Act 2009.
  2. Whether the prosecution adduced sufficient evidence to establish substantial grounds to believe that A1 committed the offence of aggravated defilement contrary to Section 129(3) and 4(a) of the Penal Code Act Cap. 120.
  3. What is the appropriate standard of proof at a pre-trial confirmation of charges hearing in the International Crimes Division.

Orders

  • Both count 1 (aggravated trafficking in children) and count 2 (aggravated defilement) of the indictment confirmed.

Rules and key headnotes

Criminal Procedure — Pre-Trial Confirmation of Charges — Standard of Proof in International Crimes Division
The standard of proof at a pre-trial confirmation of charges hearing in the International Crimes Division is substantial grounds to believe that the accused committed the crimes charged, as provided by Article 61(7) of the Rome Statute. This standard is lower than the prima facie standard required at trial and is met when the prosecution offers concrete and tangible proof demonstrating a clear line of reasoning underpinning the specific allegations.
Trafficking in Persons — Elements of Aggravated Trafficking in Children — Five Essential Elements
The offence of aggravated trafficking in children under Section 3(1)(a) and Section 5(a) of the Prevention of Trafficking in Persons Act 2009 has five essential elements: the act of recruiting, transporting, transferring, harbouring, or receiving the victim; the means of deception or abuse of power or position of vulnerability; the purpose of exploitation; the aggravated factor of the victim being a child; and the participation of the accused in the commission of any of the acts, means, or purpose of trafficking.
Trafficking in Persons — Consent of Child Victim — Irrelevant to Establishing Offence
Under Section 3(4) of the Prevention of Trafficking in Persons Act 2009, the consent of the victim of trafficking or, if a child, the consent of their parents or guardians to the acts of exploitation is not relevant to establishing the offence.
Trafficking in Persons — Means Element — Not Required Where Victim is a Child
Under Section 3(3) of the Prevention of Trafficking in Persons Act 2009, the recruitment, transportation, transfer, harbouring, or receipt of a child for the purpose of exploitation constitutes trafficking in persons even if it does not involve any of the means set forth in Section 3(1) of the Act. Where the victim is a child, there is no need to adduce evidence to prove the element of the means of deception or abuse of power or position of vulnerability.
Proof of Age — Methods of Establishing Age in Criminal Cases
Age can be proved by the production of a birth certificate, testimony of the parents, the court's own observation by common sense assessment, or by medical evidence.

Legislation cited (11)

Cases cited (8)

  • Uganda v Miria Rwigambwa (Session Case No. 6 of 2021)
  • Uganda v Nsungwa Rose Karamagi (Session Case No. 7 of 2021)
  • Soering v. United Kingdom, Application No. 14038/88, ECHR judgement of 7th July 1987
  • The Prosecutor Vs Thomas Lubanga Dyilo, ICC-01/04-01/06-803-tEN 14-05-2007
  • Mamatkulov and Askarov v. Turkey, of 4th February 2005, (Applications Nos. 46827/99 and 46951/99)
  • The Prosecutor v Mahamat Said Abdel Kani, ICC-01/14-01/21, decision of 9th December 2021
  • Umutoni v Uganda (Criminal Appeal No. 855 of 2014)
  • Uganda v Kagoro Godfrey (Criminal Session Case No. 141 of 2002)

Full judgment

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

Uganda v Kasibante & Another (Session Case 16 of 2022) [2023] UGHCICD 7 (20 November 2023)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.