Uganda v Basalaine Umar (Criminal Session Case 248 of 2025) [2025] UGHC 471 (16 June 2025)

### **THE REPUBLIC OF UGANDA**

### **IN THE HIGH COURT OF UGANDA AT WAKISO HOLDEN AT NABWERU**

### **HCT SESSION CASE NO. HCT-26-CR- SC -248 OF 2025 (Wakiso)**

## **(Formerly from HCT-00-CR-SC-0367-2023- Criminal Division)**

# **Magistrate Court Case AA- N0. 050 OF 2022 KAKIRI CRB NO. 470/2022**

**UGANDA ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: PROSECUTOR**

### **VERSUS**

## **BASALAINE UMAR ::::::::::::::::::::::::::::::::::::::::::::::: ACCUSED**

# **SENTENCE**

The accused now convict was indicted, for aggravated defilement, contrary to Section 129 (3) and 4 (d) - previously, now Section 116 (3) and (4) (d) of the Penal Code Act, Cap. 128.

On conviction this offence attracts a maximum penalty of imprisonment for life. The prosecution sought a deterrent sentence of 30 years for reasons that the victim was a person of unsound mind, lured by the convict who took advantage of her, and that the offence is rampant.

On the other hand, the defence sought a lenient sentence and proposed 12 years for reasons that the convict saved courts time and pleaded guilty and he is 28 years old and can reform and become a good citizen. This court concurs with the defence that the convict appears remorseful, he has no previous record of conviction and has saved courts time and resources. However, for the fact that he took advantage of a girl with mental disability other than protecting her, and this offence being rampant in this jurisdiction, the court must send a strong signal to would be similar offenders. As a father of five children, the convict should have known better and bore this fact in mind before committing the offence.

The convict is hereby, sentenced to 20 years imprisonment. Having spent 2 years, 9 months and 16 days on remand, he will serve the 17 years, 3 months and 14 days.

**Sarah Langa Siu Judge 16/06/2025**

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