CFAF 1,000,000 (one million), and that Article 531-8 of the Penal Code
punishes whoever is guilty of domestic violence by imprisonment for from 2
(two) months to 1 (one) year and with a fine of from CFAF 250,000 (two
hundred and fifty thousand ) to CFAF 1,000,000 (one million).
Whereas within the meaning of Article 111-8 of the Penal Code, where any
person is convicted on several charges or misdemeanour, the sentence of the
most severely punished offence may be passed; that in the case at hand, the
accused was found guilty of invasion of residence, intentional destruction of
property and domestic violence; that of the three offences, the offence of
intentional destruction of property is the most severely punished; that it is
appropriate to apply provisions of Article 622-1 of the Penal Code to the
accused;
Whereas in the case at hand, it is worth mentioning that even if S.A.A
is a first-time offender, his action is nevertheless grievous given the
vulnerability of the victim who is a young abandoned mother who had found
refuge at her brother’s residence and who is harassed right in the latter’s house;
That, to deter him from ever committing such ignominy, he should be sentenced
to an actual 6 (six) months in prison and to a suspended fine of CFAF 250,000
(two hundred and fifty thousand).
B -COSTS
Whereas according to Article 321-94 of the Penal Code, any accused found
guilty shall also be sentenced to pay the costs; that in the case at hand,
S.A.A has been found guilty and sentenced in this
proceeding; that the costs of the proceeding be also be borne by him;
UPON THESE GROUNDS
Delivering judgement in an open Court after a full hearing on
misdemeanour matters and at first instance;
DECIDES
Discharges the accused, S.A.A on the count of theft on the benefit
of doubt;
Finds him guilty on the counts of intentional destruction of
property, invasion of residence and domestic violence;
Sentences him to a 6 (six) months non-suspended imprisonment
term and to a fine of CFAF 250,000 (two hundred and fifty thousand)
subject to a stay of execution.
Sentences him to pay the costs;
Thus, the case was heard and judgement delivered in open Court by the
Ouahigouya High Court on the dates, months and year as indicated above;
THE PRESIDENT
[Signature here]
THE REGISTRAR
[Signature here]