CASE RPAA 0019/14 / CS
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(3) BAYAVUGE Patrick appealed to the Supreme Court saying that he now pleads
guilty and apologizes, and asking the court to reduce his sentence.
(4) In the public hearing held on 15/05/2017, the appellant was represented by
Barrister KABUYE Jean, while the Prosecution was represented by the National
Prosecutor UWOMBONYE HIRWA Sudi.
II.
THE ISSUE OF THE CASE AND ANALYSIS THEREOF
Whether BAYAVUGE Patrick can have his sentence reduced based on his confession
(5) BAYAVUGE Patrick says he was initially deceived by his lawyers and pleaded not
guilty, but now that he understands the seriousness of the crime, he pleads guilty
and apologizes, asking the Supreme Court to reduce his sentence. He explains that
he and the girl were already neighbors and he got to know her because his wife
from Kassaï did not want to live in Rwanda, and she wanted the girl to take care
of her 3 children born to him. He allegedly took her from home to a 3,000 Frw
room in a hotel called Dunia, where he had sex with her. He asserts that he did not
know the age of the girl and could not have thought that she was a child based on
her physical appearance, that all he knew was that she was a student. He asks that
the Court pardons him and reduce his sentence because he will not reoffend, and
that he also has three children and their mother whose residence is unknown to
him.
(6) Barrister KABUYE Jean submits that BAYAVUGE Patrick's sincere confession to
the crime is a mitigating circumstance because his late confession is due to bad
advice from his lawyers. He asks the Court to give due consideration to the
confession and reduce his sentence because no harm was done to the girl as the
doctor indicated that she was not disturbed. He also asks the Court to take into
account the fact that BAYAVUGE Patrick is not a recidivist and the fact that he
does not know the current residence of his wife and three children.
(7) The Public Prosecution representative submits that BAYAVUGE Patrick
contradicts his first statement, that although his sentence can be reduced only on
the ground that he had never been convicted for a criminal offence by a court, he
deserves twenty years in prison because his allegations regarding the whereabouts
of his wife and children are unproven. He adds that the doctor said there were