Court maintains 30 year jail term handed to 80 year old for defilement

The Court of Appeal has maintained the 30 year jail term handed to an 80 year old man convicted of defiling three children in Kiruhura district.

Patrick Kabogere was arrested in 2013 for defiling three children aged 11, 7 and 4 years .

Brief facts on the case indicate that on August, 26, 2013, Kabogere took advantage of Marion Kirabo’s absence from home to entice her children with ‘sweet pepsi’ and shs200 and took them behind the fence where he had sexual intercourse with each of them and threatened to beat them if they reported him.

However, days later, Kirabo noticed pus coming out of one of her daughters while bathing her and asking the children told her what had happened.

The High Court later convicted and sentenced Kabogere 30 years' imprisonment on each count to

run concurrently but he appealed against the sentence.

Kabogere insisted that the sentence was very harsh and excessive and asked the appellant court to overturn it.

On Thursday, a panel of three judges of the Court of Appeal including the deputy Chief Justice Richard Butera, Christopher Gashirabake and Oscar Kihika reasoned with the High Court that the 30 year jail term was neither harsh nor excessive.

“In the present case, the appellant was sentenced to 30 years imprisonment on each count to run concurrently. The offence of aggravated defilement carries a maximum sentence of death and in this case, the appellant had defiled 3 girls all below the age of 14 years. We have considered the authorities above and their sentencing ranges and we find that the sentence of 30 years was neither harsh nor excessive but appropriate in the circumstances,” the trio ruled.

The panel however faulted the High Court for failure to deduct the time spent by Kabogere on remand while handing him the sentence.

“We find that the trial judge did not indicate the final sentence meted out to the appellant after deducting the period spent on remand. We shall deduct the period of 5 years, I month and 18 days spent on remand from the sentence of 30 years meted out to the appellant. The appellant will serve a sentence of 24 years, l0 months and 12 days with effect from November, 6, 2018 being the date of conviction,” the justices said.

 

 

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