The Court of Appeal in Kabale District has upheld a 32-year prison sentence imposed on Emmanuel Benywanira, who was convicted of defiling a 3-year-old girl and infecting her with HIV/AIDS.
Benywanira was initially sentenced to 35 years in prison by Kabale High Court Justice Moses Kawumi Kazibwe on April 13, 2019. He was found guilty of aggravated defilement of a 3-year-old girl, who was also his relative. Despite Benywanira’s guilty plea, the court deducted 2 years and 6 months for time served, resulting in a final sentence of 32 years and 5 months.
Benywanira appealed the sentence, arguing that it was excessive and amounted to a miscarriage of justice. However, a panel of three justices, namely Muzamiru Kibeedi, Christopher Gashirabake, and Oscar Kihika, dismissed his appeal.
The Court of Appeal found that Benywanira’s crimes were extremely serious and that the 32-year sentence was appropriate. The justices noted that Benywanira had not only defiled the child but had also transmitted HIV/AIDS to her. They also found that the trial judge had shown leniency by opting for a 32-year prison term instead of the maximum penalty of death.
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