Staff Reporter
The Court of Appeal in Kabale District reduced a 35-year prison sentence to 30 years for a 38-year-old man convicted of defiling his 10-year-old daughter.
Lady Justices Irene Mulyagonja, Eva Luswata, and Justice Christopher Gashirabake found the original 35-year term given to Simon Monday excessive.
On February 29, 2016, Monday had been found guilty by Kabale High Court Judge Michael Elubu and sentenced to 35 years for the crime.
The court was informed that between January and August 2013, in Ntungamo village, Kanungu District, Simon Monday repeatedly sexually abused his biological daughter, who was under 14 years old at the time.
Dissatisfied with the sentence, Monday appealed through his lawyer, Felix Bakanyebonera, claiming the 35-year term was too harsh.
Grace Nabaggala Ntege, the Chief State Attorney, argued that the maximum penalty for the crime is death and that the 35-year sentence was lenient, given that Monday was the father and 38 years old when he repeatedly defiled his daughter in their home, threatening her with death if she disclosed the abuse.
In a ruling read by Justice Christopher Gashirabake, the judges affirmed that the trial judge had considered all factors. They concluded that a 33-year sentence was appropriate, deducting the three years Monday had already spent on remand, resulting in a 30-year term.
The court will continue to hear six more on Wednesday.
