[1993] UGHC 4

[1993] UGHC 4

The court found that the prosecution proved beyond reasonable doubt that the accused, Athocon Nereo, unlawfully had sexual intercourse with Justin Mono, a girl aged 14 years, thus under 18, on 31/8/1992. The evidence of the complainant was corroborated by independent witnesses and medical examination. The accused's...

Source-derived case information.

Citation
[1993] UGHC 4
Parties
Applicant: Uganda; Defendant: Athocon Nereo
Court
High Court of Uganda
Jurisdiction
Uganda
Case Number
Criminal Sessions Case No.183 of 1993
Procedural Posture
Criminal Trial / Judgment
Outcome
conviction
Legal Topics
Defilement, Sexual Offences, Corroboration, Proof of Age, Forced Marriage
Source Language
en
Criminal Law Defilement Sexual Offences Corroboration Proof of Age Forced Marriage

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Parties

Uganda

Applicant

Athocon Nereo

Defendant

Procedural Posture

Criminal Trial / Judgment

  1. 1 Whether the accused unlawfully had sexual intercourse with a girl under the age of 18 years.
  2. 2 Whether the prosecution proved the age of the complainant to be below 18 years at the material time.
  3. 3 Whether the evidence of the complainant was corroborated as required in sexual offences.

Ratio Decidendi

The court found that the prosecution proved beyond reasonable doubt that the accused, Athocon Nereo, unlawfully had sexual intercourse with Justin Mono, a girl aged 14 years, thus under 18, on 31/8/1992. The evidence of the complainant was corroborated by independent witnesses and medical examination. The accused's defence regarding dowry and cultural practices was rejected as irrelevant and contrary to law. Minor contradictions in witness accounts were deemed immaterial. The court held that proof of age was satisfactorily established and that the accused's conduct and statements demonstrated guilt. The opinions of the assessors were accepted, and the accused was convicted of defilement...

Court Disposition

conviction

Orders

  • The accused, Athocon Nereo, is convicted of defilement contrary to Section 123(1) of the Penal Code Act.