Court of Appeal upholds 16-year sentence for rapist

KAMPALA - The Court of Appeal has upheld a 16-year and two-month jail sentence handed to a man convicted of raping an 18-year-old woman in Sironko district.

Court records indicate that James Wolera committed the offence on August 31, 2014, at Namengo Village in Bukiyi sub-county. He reportedly had unlawful sexual intercourse with the victim without her consent after threatening to kill her.

In a ruling delivered on Thursday (May 28), Justices Hellen Obura, Eva Luswata and Florence Nakachwa dismissed Wolera’s appeal against the conviction and sentence, for lack of merit.

“The sentence of 16 years and two months imposed by the High Court is hereby confirmed,” Justice Obura ruled. The appellate court, however, rejected the prosecution’s cross-appeal seeking a harsher sentence.

 “There is nothing to compel us to enhance the sentence,” Obura said, adding that the trial judge did not apply wrong principles or overlook any material facts in the case.
 The justices noted that Wolera used violence and threats before and after committing the offence.

 They also observed that he acted with impunity by taunting the victim and claiming she had become his wife after the assault.

 The court heard that Wolera continued threatening the victim until she managed to free herself and run to a nearby house for help.

 The justices said appellate courts should not interfere with sentences imposed by trial courts unless there is proof that the lower court acted on wrong principles or imposed an unlawful sentence.

 They added that although the trial judge had initially considered a 20-year sentence, the final sentence imposed was lawful and within the sentencing guidelines. However, the judge sentenced the appellant to 16 years after considering the period he has spent on remand.

 The court further noted that sentences of up to 20 years for rape offences involving first offenders are consistent with recent judicial decisions.