Abdu Ibrahim Mukonyezi, a man who raped two women on their way from night prayers in Ntoroko District, has had his initial Sentence reduced to 12 years.
The victims whose identities were concealed for purposes of dignity and privacy were waylaid and raped from Rwebisengo Town Council in Ntoroko district on July 2, 2012. They reported the matter to the Rwebisengo Police Post and subsequently, Mukonyezi was charged, convicted and sentenced to 23 years in jail for the first rape and 25 years for the second rape.
The sentences passed by Fort Portal High Court Judge Vincent Okwanga were to run concurrently. But Mukonyezi challenged the sentence saying that the penalties imposed by the trial judge were unfair, harsh and excessive. The Prosecution asked the Court to dismiss the appeal for lack of merit.
However, a Panel of the Court of Appeal comprising Justices Fredrick Egonda Ntende, Monica Mugenyi and Catherine Bamugemereire have reduced the sentences on the basis that Mukonyezi was still young and childish at the time he committed the crime, yet the trial Judge sentenced him as an adult.
The Justices observed that the medical report admitted in evidence records Mukonyezi’s age as approximately 18 years at the time, adding that a young convict’s age should not be treated casually as it would determine whether s/he is referred to a children’s court for sentencing or is treated as an adult convict.
“…The record of appeal shows that the Appellant was 20 years old when he testified at trial on July 7, 2014, and about 21 years of age when he was sentenced for rape on February 18, 2015. Reference by the trial Judge to the Appellant having been 35 years at sentencing was therefore a lapse that cannot be ignored by this Court”, the Justices said.
They explained that the average sentence for rape for adult offenders is a 10 to 15-year custodial sentence and added that since the rape, in this case, was very violent and because Mukonyezi was not remorseful, an 18-year jail term would be appropriate for him, had he been an adult.
“However, considering that he was barely an adult when he committed the two violent rapes, which consideration was not taken into account by the trial court, we consider a custodial sentence of 15 years to be more appropriate to the circumstances of this case. The Appellant’s sentence is accordingly so reduced”, said the Justices.
On this, they have deducted the period he has so far spent on remand and ordered that he should now serve 12 years and 5 months on each of the counts.
URN.