Wakilii

Uganda v Maliki (Session Case 3 of 2021)

High Court · [2022] UGHCICD 3 · 2022 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
Accused committed to trial on confirmed charges of aggravated trafficking in children and defilement

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court International Crimes Division confirmed charges of aggravated trafficking in children and defilement against the accused. The court held that the prosecution established substantial grounds to believe that the accused received and harboured a 17-year-old child for sexual exploitation, and performed sexual acts with her. The court applied the ICC standard of proof from Article 61(7) of the Rome Statute, finding it appropriate for pre-trial confirmation hearings in the International Crimes Division.

Outcome

Accused committed to trial on confirmed charges of aggravated trafficking in children and defilement

Facts

In 2019, a 17-year-old girl (the victim) was chased from home by her mother following a disagreement about the identity of her father. The accused, a 26-year-old man, met the victim and proposed a relationship. She accepted and went to live with him at his residence in Kibuli. They engaged in regular unprotected sexual intercourse. In August 2020, the victim discovered she was pregnant and informed the accused. He demanded she have an abortion. When she refused, he chased her from his house. She reported the matter to police. Medical examination confirmed her pregnancy. The victim's mother stated the victim was born on 5 May 2002, making her 17 years old at the time of the offence. The accused admitted in his statement that he cohabited with the victim and was responsible for her pregnancy.

Issues

  1. Whether the prosecution established substantial grounds to believe that the accused committed 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 established substantial grounds to believe that the accused committed defilement contrary to Section 129(1) of the Penal Code Act.

Orders

  • Charges of aggravated trafficking in children contrary to Section 3(1)(a) and 5(a) of the Prevention of Trafficking in Persons Act 2009 confirmed.
  • Charge of defilement contrary to Section 129(1) of the Penal Code Act confirmed.
  • Accused committed to the Trial Court on the charges as confirmed.

Rules and key headnotes

Criminal Procedure — Pre-Trial Confirmation of Charges — Standard of Proof — Application of ICC Standard
In pre-trial confirmation of charges hearings in the International Crimes Division, the applicable standard of proof is the ICC standard of 'substantial grounds to believe' as provided in Article 61(7) of the Rome Statute, which is lower than the prima facie case standard used at the close of the prosecution case.
Trafficking in Persons — Aggravated Trafficking in Children — Elements of the Offence
To establish aggravated trafficking in children under Section 3(1)(a) and 5(a) of the Prevention of Trafficking in Persons Act 2009, the prosecution must prove: (1) the act of recruiting, harbouring, or transporting the victim; (2) performance of the act by means of deception or abuse of position of vulnerability; and (3) the purpose of exploitation.
Trafficking in Persons — Child Victims — Irrelevance of Means and Consent
Where the victim of trafficking is a child, there is no need to prove the element of means (deception, coercion, abuse of power or vulnerability) under Section 3(3) of the Prevention of Trafficking in Persons Act 2009. The consent of the child victim or the consent of the child's parents or guardian to the acts of exploitation is irrelevant under Section 3(4) of the Act.
Age of Child — Methods of Proof — Hierarchy of Evidence
The most reliable way of proving the age of a child is by production of a birth certificate, followed by the testimony of the parents. Other methods including medical examination, school records, and the court's own observation and common sense assessment can be equally conclusive.
Trafficking in Persons — Sexual Exploitation — Definition and Proof
Sexual exploitation under Section 2(j) of the Prevention of Trafficking in Persons Act 2009 includes the use of a person for sexual intercourse or other lascivious conduct. Where an accused harbours a child and engages in sexual intercourse with her, then demands abortion and expels her when she refuses, this conduct establishes that the purpose of harbouring was sexual exploitation.

Legislation cited (10)

Cases cited (5)

  • 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)
  • Prosecutor v Thomas Lubanga Dyilo (ICC-01/04-01/06)
  • Mamatkulov and Askarov v Turkey (Applications Nos. 46827/99 and 46951/99)

Full judgment

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Uganda v Maliki (Session Case 3 of 2021) [2022] UGHCICD 3 (6 May 2022)
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.