Leo Byaruhanga v Uganda [1995] UGSC 7 (18 November 1995)

## IN THE SUPREME COURT OF UGANDA

## AT MENGO

(CORAM: MANYINDO - DCJ, ODER - JSC, TSEKOOKO - JSC)

CRIMINAL APPEAL NO. 29 OF 1994

BETWEEN

LEO BYARUHANGA: :: :: :: :: :: :: :: :: :: APPELLANT Vs

UGANDA: :: :: :: :: :: :: :: :: :: :: RESPONDENT

(Appeal against Conviction and Sentence of the H/Court holden at Mukono on 22-11-94, before Hon. J. L. E. Kikonyogo in H/C Cr. Ss. No. 217/94)

## REASONS FOR THE DECISION:

$\eta$ $\mathcal{L}^{\pm}$

The appellant was convicted of defilement of an eight year old girl, contrary to Section 123 of the Penal Code. He was sentenced to 10 years imprisonment. He appealed to this Court against the conviction and sentence. During the hearing of the appeal it occurred to Counsel for the appellant that the conviction could not be faultered. Accordingly he abandoned the appeal against conviction. We heard his submission on sentence but saw no merit in it. We dismissed the appeal for reasons which we reserved. We now give them.

For the appeal against sentence to succeed, the appellant $\omega$ had to satisfy this Court that the sentence $\ensuremath{_{\textit{I}}}$ manifestly excessive in the circumstances of this case.

$...$ /2


ridramed The trial Judge did take into account the age of the appellant as well as the period of 11 months for which he had been on remand. She observed, quite rightly in our view, that defilement, which is a serious crime carrying a maximum sentence of death, was sadly rampant in the Country and that Courts had to impose deterrent sentence $\zeta$ ,

$\overline{2}$

T)

We cannot say that in the circumstances of this case where the appellant chased the little complainant, grabbed her and took her to his house where he defiled her and then denied the incident through and through, he deserved leniency. He truly deserved the sentence of 10 years imprisonment. He could even have got more than that. That is why be dismissed the appeal.

DATED at Mengo This:.................................... 1995.

aymindo S. T. MANYINDO

DEPUTY CHIEF JUSTICE

**ODER** JUSTICE OF THE SUPREME COURT

J. W. TSEKOOKO<br>JUSTICE OF THE SUPREME COURT

Songe for Appellant<br>Khisse PSA for Least<br>Fingent delived for $500$ $55c$ )/ $11/5$

$\mathbb{E} = \frac{1}{2}$

$\mathcal{L}_{\mathcal{L}}$