CASE RPA 00002/2017 / HC / NYZ Page |2 4. MBONYUMUKUNZI Jean Pierre was dissatisfied with his sentence and appealed to the Nyanza High Court, arguing that he pleaded guilty and apologized but was given a longer sentence and asked for his sentence to be reduced so that he could take care of his newborn. 5. In this case, it is examined whether MBONYUMUKUNZI Jean Pierre pleaded guilty and apologized but was given a long sentence and whether his request for a reduced sentence is justified. II. ANALYSIS OF THE CASE STUDIES 6. In his appeal, MBONYUMUKUNZI Jean Pierre alleges that he pleaded guilty and apologized but was given a longer sentence and asks for a reduced sentence so that he could take care of the child they gave birth to. 7. The Prosecution replies that his request was granted by the first instance court because instead of life imprisonment that the prosecution requested, he pleaded guilty and was given a reduced sentence which the prosecution asks the court to uphold. (i) With respect to the sentence given to MBONYUMUKUNZI Jean Pierre despite pleading guilty and apologizing in court. 8. As noted above, child defilement is provided for in Article 190 of Law no.01 / 2012 of 02/05/2012 establishing the Penal Code which provides that “child defilement means any sexual intercourse or any sexual act with a child regardless of the form or means used”. 9. This offense is punishable by life imprisonment with special provisions as provided for in Article 191 of the same law. The first instance judge did not err by relying on the above evidence to sentence him to ten years’ imprisonment because this is the sentence provided for by law. The mitigating circumstances that MBONYUMUKUNZI Jean Pierre submits for consideration on the ground that he pleaded guilty were considered because he was not sentenced to life imprisonment with special provisions provided for in this article, and his request for reducing more his sentence is baseless because raping a 17 years old girl is cruel, and all mitigating circumstances were examined in section 18 on page 4 of the judgment under appeal. Consequently, the judgment RP 00099/2016 / TGI / MHG was passed by the Muhanga High Court on 5/1/2017 is unchanged and the sentence of 10 years’ imprisonment given to MBONYUMUKUNZI Jean Pierre and 2|Page