Criminal law

Bimbi Peter v Uganda ((Cr.Appeal No.33 Of 1994)) [1995] UGSC 9 (28 July 1995);

Flynote: 

Search Summary: 

This was an appeal against conviction for defilement and sentence of 15 year’s imprisonment and corporal punishment. The appellant argued that he had been wrongly convicted of defilement, and that the sentence of 15 years was too harsh in the circumstances.

 

From the evidence on record, the court found no merit in the appeal against conviction as the appellant was found red-handed defiling the complainant, and the prosecution had proved to the satisfaction of court that the appellant was guilty of the offence. The appeal against conviction was therefore dismissed.

 

Headnote and Holding: 

Concerning sentence, the court found that it was justified by the circumstances of the case. The fact that the appellant had been defiling the appellant more than one time, and would have continued to defile her for a long time, the maximum sentence was death. Therefore, a sentence of 15 years was found to have been appropriate.

 

The court however found that the order for corporal punishment was illegal as it was applicable to the appellant. it was thus set aside.

 

Accordingly, the appeal against sentence succeeded only to the extent that the order for corporal punishment was set aside

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