Submitting on this ground, Mr. Samuel Seguya, learned counsel for the appellant contended that the sentence of 8 years imprisonment
was on the high side. He argued that if learned judge had considered all the relevant mitigating factors he should have imposed a
lower sentence. Counsel suggested that the period of two and half years the appellant spent on remand should have been deducted from
the sentence imposed by court.
In reply, Ms Annet Koota, learned Senior State Attorney supported the sentence passed by the trial judge. She submitted that the
judge took into account all mitigating factors and passed a lenient sentence of 8 years imprisonment. She relied on Mbowa Issa Vs Uganda Criminal Appeal No. 14 of 2001 in which this Court upheld a sentence of 15 years imprisonment of the appellant who was 23 years and had defiled a girl of 10 years.
It is trite law that sentencing is with the discretion of the trial judge. This appellate court will not interfere with the sentence
passed unless it is either illegal or manifestly low, harsh or excessive so as to occasion a miscarriage of justice.
In the instant appeal the learned judge took into account all relevant factors before sentence. Hence the record reads:-
“Accused is allegedly a first offender. He has pleaded guilty, hence saving court’s time and as a sine of repentance.
He has been on remand for about 2
years and is about 38 years old.
However, accused has committed a serious offence. Punishable upon conviction to a possible death sentence as a maximum punishment.
Hence the law takes serious view of the matter. The victim in this case is only 6 years of age who is fit to be his own child.
Hence in my view, though he pleaded guilty he deserves a stiff sentence.
Putting everything into account, I sentence accused person to eight (8) years imprisonment.”
Indeed the learned judge took into account the period spent on remand and that is one of reasons why he passed a lenient sentence
of 8 years imprisonment. The appellant who is an old man of 38 years deceived a young girl aged only 6 years old. In our view, he
deserved no mercy.
This appeal has no merit and is accordingly dismissed.
Dated at Kampala this 6th day of February 2006.
JUSTICE OF APPEAL
HJUSTICE OF APPEAL
JUSTICE OF APPEAL