CASE RPAA 0034/09 / CS Page |2 [3] In its decision dated 18/07/2006, The Gicumbi High Court convicted SAGAMBA Joel for sexually abusing a girl under 14 years of age and sentenced him to life imprisonment and a fine of one hundred thousand. [4] Deciding on SAGAMBA's appeal, the High Court, based in Kigali, ruled on 09/01/2009, that the merits of the judgment under appeal were unchanged. [5] SAGAMBA Joël appealed to the Supreme Court. The pretrial judge affirmed that his appeal was filed in accordance with the procedure prescribed by law and f all within the jurisdiction of this Court. [6] SAGAMBA pleads guilty, apologizes, and requests that the Supreme Court reduces the sentence he was given at the first and second instance. [7] The case was heard in public on 11/05/2011, SAGAMBA Joël assisted by Barrister NDEGEYA Shabani, while the Prosecution was represented by KALIWABO Denis. I. THE ISSUE IN THE CASE AND ANALYSIS THEREOF: Whether SAGAMBA Joël's guilty plea is a mitigating circumstance [8] SAGAMBA and his lawyer state that although he had previously pleaded not guilty to raping IRADUKUNDA Olive, a 13-year-old girl, except in the Judicial Police, he now confesses it and apologizes. [9] They request this Court to reduce his sentence in accordance with Article 35 of Law nº 13/2004 of 17/05/2004 relating to Criminal Procedure Code as amended and supplemented to date. [10] The Prosecution's representative submits that SAGAMBA's guilt is evidenced by his own plea of guilty to the Judicial Police and a medical certificate ascertaining that IRADUKUNDA Olive was raped. [11] He further submits that SAGAMBA's confession and apology would be mitigating circumstances for him, and that he deserves 20 years in prison in accordance with Article 35 of the aforementioned Law n ° 13/2004. [12] Article 34 of Law No. 27/2001 of 2001 Relating to Rights and Protection of the Child Against Violence provides that “Anybody who rapes a child who is below fourteen years shall be sentenced to life imprisonment and be fined between 200 000 Frw and 500 000 Frw”.