Evidence Law

Uganda Vs Oywelo (CRIMINAL SESSION No. 0373 OF 2018) [2018] UGHCCRD 194 (26 November 2018);


Search Summary: 

The prosecution was placed with the burden of proving all the ingredients of the offence against the accused. It thus had to prove that the victim was below 14 years of age, that a sexual act was performed on the victim, that it was the accused who performed it.


In proof of the victim’s age, a copy of her birth certificate was produced in court, and she also testified that she was 12 years at the time the offence was committed.

On proof of a sexual act, the mother’s and victim’s testimony that the accused was caught on top of the victim. This was further corroborated by the medical evidence of an abnormal bleeding from the victim’s vagina and rapture of the hymen.


Considering the last issue of whether it was the accused that performed the act, the victim and her mother testified that when the mother flashed a torch, they saw the accused on top of the victim having sexual intercourse.

Headnote and Holding: 

Court therefore found that the prosecution proved all the ingredients beyond reasonable doubt, thereby convicting the accused of aggravated defilement.


In considering the appropriate sentence, the State Attorney stated that the accused was not remorseful and thus deserved a deterrent custodial sentence of 35 years in prison. In response the defense counsel considering the mitigating factors prayed for a light sentence.

The court considered the circumstances under which the offence had been committed. It was stated that the starting point was 35 years which could either be aggravated or reduced on account of the relevant mitigating factors.


The court therefore, used its discretionary powers to deduct the sentence, thereby sentencing the convict to 16 years imprisonment.


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