CASE Nº RPAA 0069/2017/CS
Page |2
that he had been given a heavy sentence whereas he had sex with an 18 years old
girl. He later pleaded guilty and sought a reduction of his sentence.
4. The case was heard in public on 24/07/2017 and 23/10/2017, NAHAYO JeanPierre assisted by Barrister MUNYANKINDI Monique, the Prosecution
represented by RUDATINYA NYANGEZI Gaspard.
II.
THE ISSUE OF THE CASE AND ANALYSIS THEREOF
Whether NAHAYO Jean - Pierre deserves a reduced sentence
5. NAHAYO Jean-Pierre pleads guilty for the offence he is accused of, and his
appeal’s purpose is to reduce his sentence. He commits not to reoffend and he
states that he had committed it at a young age without thinking of the
consequences of his acts. He explains that on Christmas Day, he asked the girl to
help his wife who was sick, and she replied that she was going to fetch firewood.
He then told her that when she finishes helping him he would show her where the
firewood can be fetched easily, which she agreed. After her help, he went with the
girl to the forest to show her the firewood. Once there, he raped her.
6. He states that he admits that the child he had sex with was 13 years old, and that
he thought she was older because she was tall. He asks this Court to reduce his
sentence because during his 15 years in prison, he had already seen the
consequences of the crime, had had ample time to think about it and repent, and
that if forgiven, he would explain to everyone the bad consequences of a crime.
7. Counsel MUNYANKINDI Monique also submits that NAHAYO Jean-Pierre has
always pleaded guilty wherever he was questioned, including before this Court
where he explained how he did it, that he deserves a pardon and a reduced
sentence in accordance with Articles 71 and 77 of Law n ° 01 / 2012 / OL of
02/05/2012 establishing the Penal Code, as he did been held liable to any
misconduct prior to the crime and he is a first time offender, which justify a
reduction of his sentence to 10 years.
8. The Prosecution representative states that it appears that NAHAYO Jean-Pierre
starts telling the truth 15 years after the crime, because in the Court of First
Instance and in the High Court, he pleaded guilty to having sex with an 18-yearold girl, which he also explained in his appeal to this Court.