CASE RPA 00389/2016/HC/KIG Page |2 5. The Prosecution submits that Mbonabucya’s sentence had already been reduced in accordance with law, that the offence he is accused of is punishable by life imprisonment which cannot be reduced to less than 10 years. 6. This Court notes that Article 191 of Organic Law n ° 01/2012 / OL of 02/05/2012 establishing the Penal Code states that “any person who commits child defilement shall be liable to life imprisonment with special provisions”. 7. The fact that Mbonabucya was, in the judgment under appeal, sentenced to 10 years of imprisonment in lieu of life imprisonment, shows to the Court that his sentence has been sufficiently reduced, based on his plea of guilty and the fact that he had not previously been convicted of an offence. These are mitigating circumstances in accordance with Article 77 of the aforementioned Law, thus the sentence he was given is the smallest possible by virtue of Article 78 of the same Law. III. COURT DECISION 8. Holds that MBONABUCYA Emmanuel’s appeal is admissible but lacks merits 9. Holds that the sentence of 10 years of imprisonment passed by judgment PR.0017/2016/TGI/GIC is unchanged 10. Holds that MBONABUCYA Emmanuel is exempted from paying legal costs because he is in prison. ISSUED AND READ PUBLICLY ON 27 JUNE 2014 BY THE HIGH COURT COMPOSED OF: Judge Registrar KALIWABO M. Charles UWIZERA Zeno