Uganda v Muhwezi Timothy (Criminal Session Case 105 of 2025) [2025] UGHC 470 (17 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 -0105 OF 2025 (Wakiso) (Formerly from HCT-00-SC No. 152 0f 2022 - Criminal Division) Magistrate Court Case AA- N0. 0703 OF 2021 Gganda CRB NO. 140/2021**

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

## **VERSUS**

## **MUHWEZI TIMOTHY ::::::::::::::::::::::::::::::::::::::::::::::::: ACCUSED**

## **SENTENCE**

The accused stands convicted on his own plea of guilty of one count of Rape contrary to sections 110 and 111 of the Penal Code Act, Cap. 128, and Aggravated Robbery contrary to sections 266 and 267 of the Penal Code Act Cap. 128. On conviction, both offences attract a maximum penalty of death.

The prosecution sought a deterrent sentence and proposed 35 years on each count to run concurrently for among other reasons that the offence was premeditated and caused rental anguish to the victim and done in an isolated place offering no room for help for the victim.

In mitigation, the defence sought leniency for reasons that the convict is remorseful both at court and even at police at the time of arrest, that he has greatly reformed and is a student who has also under taken courses in trauma and healing, is baptized under the Seventh Day Adventist hence a reformed person. The defense also prayed for the sentence to run concurrently with other sentences that the convict is already serving.

The convict is a habitual offender having been convicted on similar counts these offences are rampant in the jurisdiction of this court, resulting into unsafe community for women and girls.

While I concur with counsel for the convict that he has reformed as demonstrated by the numerous report cards and academic documents availed to court, out there are victims of crime yearning for justice and it is the duty of this court to grant them and the convict justice.

For saving court's time and being remorseful, this court will exercise some leniency but will still impose a custodial sentence because from the progress reports, the prison has since offered good reformative opportunities for the convict who by the end of the sentence will be a useful citizen to this country.

The convict is sentenced to 15 years imprisonment on each count. Having spent 3 years and 6 months on remand, he will serve 11 years and 4 months. The sentences will run concurrently both in respect to the 2 counts and with the other running sentences.

**Sarah Langa Siu Judge 17/06/2025**