JUDGMENT OF THE COURT
1. Isaya Nasumba Juma (the appellant) was, upon trial for the offence of defilement of a child contrary to Section 8(1) as read with Section 8(4) of the Sexual Offences Act No.3 of 2006 and also on an alternative charge of committing an indecent act with a girl contrary to Section 11(1) of the said Act, convicted on the main count and sentenced to twenty years imprisonment.
2. His appeal to the High Court succeeded only in reducing the sentence to fifteen years imprisonment. Being dissatisfied with the High Court decision, the appellant has come to this Court on a second appeal.
3. The substratum of the appellant’s seven grounds of appeal is a plea of mitigation and prayer for the reduction of the same or better still the substitution of the fifteen years imprisonment with a non custodial sentence. That in a nutshell is an appeal against severity of sentence.
4. On a second appeal, this Court can only entertain an appeal against the legality of sentence. It has no j…