Man gets 32-year jail term for defiling, infecting daughter

________________

The Court of Appeal has sentenced a man to 32 years in jail for defiling and infecting his 12-year-old daughter with HIV/AIDS. 

Three justices of the Court of Appeal, including Hellen Obura, Christopher Gashirabake and Eva Luswata, imposed the sentence on Charles Wasswa Kaweesi in a judgment dated May 8 this year after upholding his conviction upon appraisal of the High Court proceedings.

While High Court judge John Eudes Keitirima had jailed Kaweesi for 40 years, the justices of the Court of Appeal, citing the Constitution bail guidelines, said it was excessive given that Kaweesi pleaded guilty to the charge, hence wasted no court’s time.

“Considering both the mitigating and aggravating circumstances of this case and the principle of uniformity, we are satisfied that an appropriate sentence in this case would be 35 years’ imprisonment. We shall deduct the two years and 2 months the appellant spent on remand. The appellant shall serve 32 years and 10 months from the date of conviction and sentence,” the justices ruled.

The justices noted that 40 years’ imprisonment for aggravated defilement is excessive and harsh, especially in a case where the convict pleads guilty and shows remorse.

The justices, citing the decision in the case of Basil Okello Mugenyi versus Uganda and Emmanuel Benywanira versus Uganda where both appellants were sentenced to 32 years over similar offences, said courts are duty bound to follow the principle of parity and consistency while sentencing, bearing in mind the circumstances under which the offence was committed.

The consistency principle entails cross-referencing with previously decided cases with the same offence and as nearly as possible, the same facts. 

The 2024 Annual Police Crime report indicated that 13,444 juveniles were defiled in 2023, with 383 defiled by persons living with HIV/AIDS, which might frustrate the global efforts of ending HIV/AIDS by 2030.

Background

Prosecution said on July 19, 2014, at Kibaale village in Kalangala district, being HIV positive, performed a sexual act with his biological daughter, a girl under the age of 14 years, thus infecting her with HIV/AIDS.

Consequently, he was arrested and charged with the offence. He was later committed to the High Court for trial. When his case came up for hearing before the High Court, he pleaded guilty to the charge. On September 9, 2016, Justice Keitirima sentenced him to 40 years in jail.

Dissatisfied with the sentence, Kaweesa, through his lawyer, Mohamed Mbalire, appealed against it, saying it was not only manifestly excessive but also offended the principle of parity and consistency.