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Court upholds 26-year jail term for man convicted of defiling stepdaughter
The justices noted that Justice Kiiza had expressly stated during sentencing that Komakech was a first offender and had spent about eight months on remand, which he took into account while sentencing him.
Court upholds 26-year jail term for man convicted of defiling stepdaughter
By: Barbra Kabahumuza, Journalist @New Vision
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The Court of Appeal has upheld a 26-year prison sentence imposed on a man convicted of aggravated defilement of his stepdaughter in Gulu district.
The court dismissed an appeal by Samuel Komakech, who had challenged both the legality and severity of the sentence imposed by the High Court in Gulu.
Komakech was convicted of aggravated defilement and sentenced to 26 years in prison by Justice Akiiki Kiiza on August 21, 2012.
Court records indicate that in January 2011, at Ajayi village, Pacho subcounty in Gulu district, Komakech defiled Grace Amono, a girl below 14 years of age.
Amono told the High Court that she had gone to fetch firewood while her mother was at a roadside market when Komakech followed her, armed with arrows.
She testified that he caught her, undressed her and had sexual intercourse with her at about 3:00 pm. She said he threatened to kill her if she disclosed the incident.
Amono further testified that Komakech defiled her twice in April 2011 when her mother was away. One of the incidents allegedly occurred after he called her to bring him water while he was checking for wild pigs in a cassava garden.
Komakech denied the charges and raised an alibi, telling the court that he was in Lira caring for his sick uncle. He also claimed that his wife, Jenifer Aling, had framed him because of a domestic dispute.
At the Court of Appeal, Komakech challenged the 26-year sentence on two grounds.
He argued that the trial judge had imposed an illegal sentence by failing to properly deduct the period he had spent on remand. He also argued that the sentence was harsh and excessive.
Amono further testified that Komakech defiled her twice in April 2011 when her mother was away. One of the incidents allegedly occurred after he called her to bring him water while he was checking for wild pigs in a cassava garden.
Komakech denied the charges and raised an alibi, telling the court that he was in Lira caring for his sick uncle. He also claimed that his wife, Jenifer Aling, had framed him because of a domestic dispute.
At the Court of Appeal, Komakech challenged the 26-year sentence on two grounds.
He argued that the trial judge had imposed an illegal sentence by failing to properly deduct the period he had spent on remand. He also argued that the sentence was harsh and excessive.
The appeal was heard by Justices Hellen Obura, Jesse Byaruhanga Rugyema and Cornelia Kakooza Sabiiti.
The justices noted that Justice Kiiza had expressly stated during sentencing that Komakech was a first offender and had spent about eight months on remand, which he took into account while sentencing him.
The justices rejected the argument that the sentence was illegal, noting that the decision in Rwabugande Moses versus Uganda, which requires the remand period to be deducted arithmetically, was delivered in 2017, several years after Komakech was sentenced.
The court also noted that the trial judge had considered the fact that Komakech had dependent children, that his family had disintegrated and that he had expressed regret.
The justices considered previous Court of Appeal decisions involving aggravated defilement and noted that sentences imposed in similar cases ranged from 25 years to life imprisonment.
The court found that the 26-year sentence imposed on Komakech was within the permissible range and saw no basis to interfere with it.
The justices consequently dismissed the appeal and confirmed the 26-year prison sentence.
The justices noted that Justice Kiiza had expressly stated during sentencing that Komakech was a first offender and had spent about eight months on remand, which he took into account while sentencing him.
The justices rejected the argument that the sentence was illegal, noting that the decision in Rwabugande Moses versus Uganda, which requires the remand period to be deducted arithmetically, was delivered in 2017, several years after Komakech was sentenced.
The court also noted that the trial judge had considered the fact that Komakech had dependent children, that his family had disintegrated and that he had expressed regret.
The justices considered previous Court of Appeal decisions involving aggravated defilement and noted that sentences imposed in similar cases ranged from 25 years to life imprisonment.
The court found that the 26-year sentence imposed on Komakech was within the permissible range and saw no basis to interfere with it.
The justices consequently dismissed the appeal and confirmed the 26-year prison sentence.