Submitting on the above ground, Mr. Seguya Samuel, learned counsel for the appellant, contended that the sentence was excessive.
He argued that since the appellant had informed the court that when he committed the offence he was under the influence of alcohol that should have been taken as a mitigating factor when passing sentence. He argued further that as the appellant was remorseful and had
pleaded guilty, a lesser sentence should have been imposed on him. He prayed court to reduce the sentence to 6 years imprisonment.
Ms Sarah Kerwagi learned Senior State Attorney, who appeared for the respondent, supported the sentence and prayed this court to dismiss the appeal
for lack of merit.
Sentencing power is when the discretion of the judge. In the instant appeal, before passing sentence the learned judge took into
account all relevant mitigating and aggravating circumstances. He considered the facts that the appellant was a first offender, was
repentant and had pleaded guilty. He also took into account the age of the victim which was only 6 years and the maximum penalty
for the offence which is death. He passed a lenient sentence of 10 years imprisonment.
With due respect to counsel for the appellant, the leaned judge did not fail to take into account intoxication as a mitigating factor.
The appellant might have had more carriage to commit the offence because of some intoxication, but that is not in law a mitigating
factor in sentencing for the offence of defilement. In our view, it would be very unfortunate if it were. This appeal lacks merit
it is accordingly dismissed.
Dated at Kampala this 8th day of February 2006.