Uganda v Njunwaya (Criminal Case 491 of 1993) [1996] UGHC 16 (5 January 1996)

Full Case Text

### REPUBLIC OP UGANDA

### IN THE HIGH COURT OF UGANDA AT KAMPALA

#### HOLDEN AT MASAKA

## CRIMINAL CASE NO, I<A 491 /93 CRD 377/93

UGANDA: sPLAINTIFF

. VERSUS.

NJUNWAYA YOWASI: s::::::::::::::::::::::::::;:::::::::::::ACCUSED BEFORE: THE HONOURABLE MR, JUSTICE I. MUKANZA.

# JUDGMENT:

### REASONS FOR SENTENCE:

Court: Charge read over and explained to the accused person.

Accused states: It is true I had an unlawful carnal knowledge of Kangoma Juliet a girl under the age of 18 years\*

Count a plea of guilt entered.

Facts : Ch 12th July 1993 this accused person returned to his home at dusk whereupon he picked a quarrel with his wife called Kyohire Denis\* The wife ran aray and left the three children behind namely Kongoma Juliet then aged 12 years, Muchuguzi Zorohe aged 10 and an infant called Kyalisima. The accused then summoned his elder duaghter Kangoma to his bed between 10.00 and 11.00 p,m. The accused went on to have sex with this young girl and also had sex contrary to the order of nature. He sodomised her. The girl made an.alarm which was answered by the mother. Then they proceeded to the home of RCs where those people slept for the night the following day the accused was arrested and forwarded to police of Kawentunga. The girl was examined by Doctor who found that the gir? sodomised and ravished.

Court: Facts put to the accused, person. Accused says: These facts are true and. correct I sodomisod the girl and

also defiled her. She was below 18 years.

Court\* The accused person is convictt d of t.ie offence of defilement of a girl under 18 years conti iry to section 123(1) of penal code and this is entire1 *r* upon his own plea of guilty.

Mr\* Ogwali This is a very sad. case in ■which it is difficult to believe that the acccsod was human being\* It has been the prosecutions case to seek a death sentence but the accused, has saved, courts time by pleading guilty so the prosecution I would, pray for life iniprisorient\* We are bit applying for a death sentence\* He has served the court time. Ho is a first offender. However offences of this nature are common here and this calls for a deterrant punishment\*

Mr\* NyanzixThis is a serious offence and I cannot condone it\* The accused should not be sentenced to death\* However I pray for a sentence less than death sentence, life sentence in for all practical purposes is like death penalty\* Please take into account that the accused has pleaded guilty and is very repentant\*

Accused says a I will never do such a thing it is alcohol which made do authorise\* Mr\* Nyanzi: Accused is aged 45 has spent on remand for 2^ years and inspite

> of everything the complainant is one of his children what he suffers is also suffered by the children\* It is human nature to reform given the opportunity ho can reform\* It is human to error\* I touch on length his plea from the evidence an record and his own admission\* The convict before you was very drank. The alcohol on human being is very serious. A person may drink and the alcohol controls him\* I have found out from the interviews I conducted that that is why my learned friend did not understand him\* I pray that he be given custodial sentence short of life inpriscament and be given supervisory period by the police after his release so I pray.

### REASONS KR

The accused person pleaded guilty to the indictment after PW1 had led evidence which evidence show overwhelming that he did commit the said atrocious crime\* I an of the view that he changed the plea at the right time\* *By so doing* he saved this court the expenses of trying him\* The court did also consider the fact that he has been on remand for a period of 2 years. But committed a very serious offence when he defiled his own daughter\* The maximum punishment for persons convicted of this offence is death penalty\* I do not however intend to impose the death penalty\* I noted from the RSA that offences of this nature are prevalent in this area\*

r 2 i

SENTENCE; , The accused, is sentenced to 8 years imprisonment R/a Explained\*

&gt; 3 :

JUDGE 5.1 <19%.