CASE RPA 00389/2016/HC/KIG

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5. The Prosecution submits that Mbonabucya’s sentence had already been reduced
in accordance with law, that the offence he is accused of is punishable by life
imprisonment which cannot be reduced to less than 10 years.
6. This Court notes that Article 191 of Organic Law n ° 01/2012 / OL of 02/05/2012
establishing the Penal Code states that “any person who commits child defilement shall
be liable to life imprisonment with special provisions”.
7. The fact that Mbonabucya was, in the judgment under appeal, sentenced to 10
years of imprisonment in lieu of life imprisonment, shows to the Court that his
sentence has been sufficiently reduced, based on his plea of guilty and the fact that
he had not previously been convicted of an offence. These are mitigating
circumstances in accordance with Article 77 of the aforementioned Law, thus the
sentence he was given is the smallest possible by virtue of Article 78 of the same
Law.

III.
COURT DECISION
8. Holds that MBONABUCYA Emmanuel’s appeal is admissible but lacks merits
9. Holds that the sentence of 10 years of imprisonment passed by judgment
PR.0017/2016/TGI/GIC is unchanged
10. Holds that MBONABUCYA Emmanuel is exempted from paying legal costs
because he is in prison.
ISSUED AND READ PUBLICLY ON 27 JUNE 2014 BY THE HIGH COURT
COMPOSED OF:
Judge

Registrar

KALIWABO M. Charles

UWIZERA Zeno

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