Agudi Godfrey v Uganda (Criminal Appeal 9 of 1999) [2000] UGCA 30 (21 July 2000);
Criminal law
THE REPUBLIC OF UGANDA
IN THE COURT OF APPEAL OF UGANDA AT KAMPALA
CRIMINAL APPEAL NO. 9 OF 1999
CORAM: HON. JUSTICE S.T. MANYINDO, DCJ.
HON. JUSTICE G. M. OKELLO, JA
HON. LADY JUSTICE C.N. B. KITUMBA, JA.
AGUDI GODFREY ………………………………………………………………...APPELLANT
VERSUS
UGANDA………………………………………………………………………... RESPONDENT
(Appeal from a (judgement of the High Court
of Uganda at Mukono) (Mr. Justice Rugadya)
dated 9/3/99 in C.S.C. No. 2 of 1997)
On the 9th of March 1999 the appellant was convicted, by the High Court, for defiling a seven year old girl, contrary to section 123 (1) of the Penal Code Act. He was sentenced to 14 years imprisonment. With leave of this Court, he appealed against the sentence only. We heard the appeal and dismissed it for reasons which were reserved. We now give them.
The appeal is based on two grounds, namely, (a) that the learned trial Judge erred in sentencing the appellant without first hearing him in allocutus and (b) that the learned trial Judge erred in imposing a sentence which is manifestly excessive, although not illegal, as the appellant was a first offender, was aged 32 years and had been on remand for about two years.
Mr. Paulo Mpungu, who represented the appellant, submitted, on the first ground, that as a matter of practice, the accused should be asked to address court on the question of sentence. He had no authority on the point. He could have cited, for what is worth, section 93 of the Trial on Indictments Decree, 1971 which states:
and 15. Their mother died. They stay in Hoima. He is now a single parent... He has been on remand for two years. He is a hernia patient. Pray for leniency, for a sentence aimed at correcting him to become a good citizen.”
With regard to the second ground, Mr. Mpungu was unable to show how or why the sentence was manifestly excessive. His claim that the trial Judge had not taken into account the period the appellant had spent on remand could not stand as the record shows clearly that the trial Judge considered the point not once, but twice. The offence of defilement carries a maximum sentence of death. That sentence has yet to be imposed. On average a sentence of 15 years imprisonment is imposed. This was a bad case where the appellant defiled his landlord’s child when he should have protected her. As expected, the seven year old victim was badly injured in the private parts in the process. As the learned trial Judge observed when passing sentence, it is necessary for defilers to be given sentences that will teach them a lesson
“never to destroy the lives of the young and vulnerable in our society”
We did not think that in the circumstances of this case the sentence imposed was manifestly excessive. That is why we dismissed the appeal.
DATED at KAMPALA this 21st Day of July, 2000.
HON. JUSTICE S.T. MANYINDO
DEPUTY CHIEF JUSTI CE
HON. JUSTICE G. M. OKELLO
JUSTICE OF APPEAL
HON. LADY JUSTICE C.N. B. KITUMBA
JUSTICE OF APPEAL