BY ROMINAH FAKA
The High Court has given a cumulative sentence of 12 years imprisonment to a man over the rape of his daughter and repeated sexual offence of his nephew.
For the rape of his daughter, the man got nine years. For the repeated sexual abuse case, the man received eight years.
However, instead of 17 years, the man will serve 12 years for both cases.
The sentence was delivered on March 22 in the Lata Circuit by Justice John A Keniapisia.
The defendant who cannot be named to protect the identity of the victim was charged with one count of rape, and he pleaded guilty on March 14 this year.
Court’s starting point was a sentence of eight years imprisonment because the victim was under-aged, 15 years old at the time of offence in 2019.
Court considered the aggravating factors which included – psychological harm and trauma on the victim, the victim having left her family following the incident, the scars the incident has left on the victim, the shame she has endured and will do so for the rest of her life, the 31-yer age difference, the breach of trust as the defendant is the victim’s father, pre-planning by the defendant to commit the act, the defendant exploit the vulnerability of the victim.
Court also considered the mitigating factors – guilty plea, time spent in custody, rehabilitation and delay.
Court imposed a nine-year head sentence after considering the aggravating and mitigating factors.
The defendant was also serving an eight-year prison term for a conviction in 2024 over a persistent sexual abuse case from 2021.
Court ordered that the nine years be run separately from the eight years. This meant that the man would serve 17 years in prison as cumulative sentence.
Court said that a lengthy imprisonment is justified to reflect the total seriousness, gravity and criminal offending which the defendant must be held separately accountable for his two crimes.
However, court said the sentence is harsher on the defendant in terms of the crushing effect and the totality principle.
Court said the 17 years cumulative sentence was over oppressive and excessive.
Court therefore reduced this to a 12-year sentence.
Court said the main purpose of the punishment is to condemn the defendant’s action and to protect public from the commission of such crimes by making it clear to the defendant and others, to protect the public from commission of such crime by making it clear to the defendant and anyone who yields to this kind of crime will be met with severe punishment.
Monica Rehomora and Ms Cleven acted for the crown and Waroka for the defendant.
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