RPA 0257/10/HC/RWG

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THE RWAMAGANA HIGH COURT, AT ITS HEADQUARTERS IN RWAMAGANA
HEARING PUBLICLY CRIMINAL CASES ON 21/10/2011, DECIDES ON CASE RPA
0257/10 / HC / RWG ON APPEAL AS FOLLOWS:

PARTIES:
Public Prosecution
APPELLANT: NTAGUNGIRA Dismas, son of THARASIS Fred and KANTENGWA,
born in 1979, resident in Karambi Cell, Ndego Sector, Kayonza District, Eastern Province

OFFENCE: Defiling a child of less than 18 years, an offence provided for and punishable
by Articles 33 and 34 of Law no 27/2001 of 28/04/2001 Relating to Rights and Protection
of the Child Against Violence

I. FACTS AND PROCEDURE
1. On 31/08/2010 the Ngoma High Court sentenced NTAGUNGIRA Dismas to twelve
years’ imprisonment and a fine of one hundred thousand francs for the abovementioned
offense. Dissatisfied with the sentence, he appealed stating that he now pleads guilty and
apologizes.
2. The issue to be considered in this case is whether NTAGUNGIRA Dismas' guilty plea
is founded.

II. ANALYSIS OF THE ISSUE
Whether NTAGUNGIRA Dismas' guilty plea is founded
3 In his appeal, NTAGUNGIRA Dismas submitted that he had previously pleaded not
guilty, that now confesses his crime, he asks for a reduced sentence because he has a
stomach ache. He adds that he had gone to deliver milk, asked a girl named Edita to come
and see him where he rears cows, and she came with two other girls, they left them there
and went a short distance and had sex.
4 The Prosecution Attorney PN BUNYOYE Grace states that NTAGUNGIRA is right to
say that he had previously pleaded not guilty but he is pleading guilty. She adds that
defiling a twelve-year-old girl is an egregious felony because the girl could not consent
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