RPA 0257/10/HC/RWG Page |2 to sex at that age, so his sentence should not be reduced to be a lesson to others who attempt to commit unnatural offence like this. 5 Article 35 of Law no 13/2004 of 17/05/2004 relating to Criminal Procedure Code as amended and supplemented to date provides that when a suspect pleads unquestionably guilty, the judge may reduce his sentence to half of the sentence applicable to the prosecuted offense. 6 The Court notes that NTAGUNGIRA Dismas pleads unquestionably guilty and he explains how he committed the offense. This confession on appeal is a mitigating circumstance as Article 35 of the Criminal Procedure Code mentioned above does not provides that a delayed guilty plea is a ground for refusing a reduced sentence. 7 The Court also notes that the indictment filed by the prosecution, in section I which includes the identity of NTAGUNGIRA Dismas (C34), he had not been previously prosecuted, which should be a mitigating factor in accordance with Articles 82 and 83 of the First Part of the Penal Code of Rwanda. III. COURT DECISION 8 Holds that the appeal of NTAGUNGIRA Dismas is well-founded. 9 Holds that judgement RP 0391/09 / TGI / Ngoma passed by the Ngoma High Court on 31/08/2010 is only changed with respect to penalties. 10 Sentences NTAGUNGIRA Dismas to eight (8) years’ imprisonment and a fine of fifty thousand francs (Frw 50,000), running from 22/08/2009 which is the day of his arrest and detention. 11 Orders him to pay legal costs amounting to Frw 20,850 within eight days, failure to do so the State will forcibly remove it from his property. ISSUED AND READ PUBLICLY ON 21/10/2011. GATONI Madeleine REGISTRAR MULINDA Nadine JUDGE 2|Page