Court slashes life imprisonment jail term to 35 years for man who raped his mum
Mr Walakira was convicted for raping his mother.
What you need to know:
- Court documents indicate that the victim who also doubled as the offender's biological mother, on February 9, 2009, at around 9pm was home cooking when her son came and wrapped a piece of cloth around her face.
The Court of Appeal has slashed to 35 years- the life imprisonment jail term previously given to a man convicted for raping his biological mother.
The appellant, Lazaro Walakira was May 27, 2011 subjected to a life imprisonment sentence by Masaka High Court.
Court documents indicate that the victim who also doubled as the offender's biological mother, on February 9, 2009, at around 9pm was home cooking when her son came and wrapped a piece of cloth around her face.
"The appellant then carried her to the nearby plantation and raped her. The victim informed a one Kyambadde and the matter was reported to police which led to arrest of the appellant," court documents read in part.
In his appeal, Walakira through his attorney Mr Andrew Tusingwire argued that his client was a first time offender and had spent two years and two months on remand ‘‘and therefore, the life imprisonment sentence was harsh and excessive.’’
The defence lawyer further argued that Article 28(3) of the Constitution provides that the time spent on lawful custody before completion of the trial should be considered before sentencing.
In response, the state prosecutor, Ms Caroline Nabosa submitted that in the instant case, the appellant attacked his own biological mother and raped her.
She further asserted that this is one of the rarest cases with in the ambit of guideline 19 of the constitutional guidelines.
Ms Nabosa informed that the learned trial judge while sentencing Walakira, considered both aggravating and mitigating factors of the case and passed an appropriate sentence.
She further explained that, deducting the time spent on remand, does not apply in the case of imprisonment for life.
Cheborion Barishaki, Stephen Musota and Muzamiru Mutangula Kibeedi, all Court of Appeal judges constituted the panel that heard Walakira's appeal.
The judges by unanimous decision ruled: ‘‘At the time the appellant committed the offence, he was 36-years-old. Nevertheless he committed a very serious offence whose maximum punishment is death. He raped his own mother and his a danger to society. This kind of act attracts a severe sentence.’’
The judges held that they are however, satisfied with a 35 year imprisonment sentence from the date of conviction, May 27, 2011 and that ‘‘it will meet the ends of justice in this case.’’
