Ayebare Bangye Vs Uganda (Criminal Appeal No. 217 of 2011) [2018] UGCA 97 (2 October 2018)

Criminal law|Evidence Law|Review of Evidence
Case summary
On uncorroborated evidence, the record reflects that the trial judge had found that the child was not possessed with intelligence to enable her answer questions clearly, she could ably articulate and answer questions put to her. Her truth could not be relied on without corroboration. The corroboration was found in the evidence which the appellant argued was inconsistent. The contradictions around statement recording were very minor and did not go to the root of the case which thus proved the ingredients of the offence with the appellant as the participant in its commission. On the mental element of the victim trial court held that the she was mentally retarded. On her testimony, she said that she was not forced and she willingly went to the appellant’s house knowing what she was doing. This quashes the conviction of aggravated defilement to a simple defilement. On the sentence court held that the period spent on remand should have been considered while sentencing and held that a term of 12 years is more suitable.

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