This case came up on 10th January 2018, in a special session for plea bargaining. The accused was indicted with the offence of Aggravated Defilement contrary to section 129 (3) and 4 (a) of The Penal Code Act.


On 19th September, 2016 the victim was sent to go and uproot cassava in the garden. While in the garden the accused, a relative to the family made sexual advances which the victim rejected. The accused thereafter forced the victim into sexual intercourse and told her not to tell anyone. On the same day the victim began feeling pain in her private parts and told her sister what the accused had done to her. The information reached her aunt and her husband who then reported to Parombo police post. He was arrested and charged. The police visited the scene and subjected both the accused and the victim to a medical examination in Parombo Health Centre III on 20th September, 2016. She was found to be of the apparent age of 12. Upon examination of the vulva it was tender and the probable cause was a blunt object possibly sex. The accused was examined in Nebbi on 26th September, 2016 and he was found to be above 18 years old and of normal mental status.

At the plea, the accused was convicted on his own plea of guilt for the offence of aggravated defilement contrary to section 129 (3) and 4 (a) of The Penal Code Act. The state attorney reported to have successfully secured a plea bargain with the accused and his counsel. He was also told the consequences of the plea bargain which among others is that when you plead guilty you waive your rights to a full trial.


In review of the proposed sentence of five years’ imprisonment in light of the Constitution (Sentencing Guidelines for Courts of Judicature) (Practice) Directions, 2013 as well as the current sentencing practices for offences of this nature.

With the reference to the following decided cases;

Having considered the aggravating factors including the fact that the offence is punishable by death, the age of the victim, the mitigating factors including the fact that the accused is a first-time offender who is remorseful and a young man capable of reforming, he was sentenced to a term of five (5) years imprisonment