CASE N° RPA 0041/08/CS Page |2 3. In the judgment RPA 0074/05 / HC / NYA of 11/11/2005 settling the appeal of Ngendabanga, the High Court of the Republic, Nyanza Chamber, confirmed the first judgement on the ground that appellant did not show how he was wronged by that court. 4. Ngendabanga appealed to the Supreme Court, and in his preliminary examination, the presiding judge affirmed that the appeal was filed in accordance with the procedure prescribed by law. 5. The case was heard on 31/01/2011, Ngendabanga assisted by Barrister Umulisa Alice, while the Prosecution was represented by Higaniro Hermogène. Ngendabanga and his lawyer explained that Ngendabanga's appeal was intended to show the court that he confesses the crime and asks for a reduction of his sentence, and this is the issue to be considered in this case. II. WHETHER NGENDABANGA DESERVES A REDUCED SENTENCE BECAUSE HE PLEADS GUILTY 6. Ngendabanga and his lawyer state that after the trial, Ngendabanga decided to plead guilty. His lawyer in particular explained that his failure to do so in court was due to bad advice he received in prison and yet he had pleaded guilty before the Judicial Police and the Prosecution. His lawyer further submits that the crime of sexually assaulting an 11-year-old Uwamariya was not a result of a malicious intent, but of an unfulfilled lust, that he should have his sentence reduced in accordance with Article 35 of Law n ° 13/2004 of 17/5/ 2004 relating to Criminal Procedure Code, given that he is a first time offender. 7. The Prosecution representative argues that although the Ngendabanga's confession was delayed and only obtained after he was assisted by a lawyer, the court should consider reducing the sentence, but to no less than 20 years. 8. Article 34, paragraph 2 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”.