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The minimum sentence for defilement followed by cohabitation with a minor, where mitigating circumstances are present, is 15 years' imprisonment. Since Niragire Jean Paul had already received this minimum, the sentence could not be further reduced or suspended. No error was found in the lower court's application of the law.
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The minimum sentence of 15 years for defilement followed by cohabitation with a minor, where mitigating circumstances are established, was correctly applied by the High Court; further reduction is not legally permissible.
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The Court of Appeal reduced Ruzindana François’s sentence for defilement from 20 years to 16 years, finding the appeal had merit based on mitigation and similar cases.
The Court of Appeal found that both Kamizikunze Emmanuel and Ufitimana Jacques had not previously benefited from sentence reduction despite admitting guilt and being first-time offenders for the sexual offences. The court held these as mitigating factors warranting a reduction of their sentences to 17 years each, combining 13 years for the sexual offence and 4 years for theft, with a fine for Kamizikunze.
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The Court of Appeal allowed Ndayambaje Emmanuel’s appeal, finding the evidence insufficient to prove defilement beyond reasonable doubt and entering an acquittal.
The Court of Appeal reduced Shyaka Jonas’s sentence for defilement from 20 years to 10 years, holding that the lower courts had not sufficiently considered mitigation.
The Court of Appeal dismissed the accused’s appeal, upholding the 20-year sentence for defilement after finding the medical and witness evidence consistent and reliable.
The Court held that the evidence, including the child's testimony, corroborating witnesses, and the accused's own admissions, established beyond reasonable doubt that Hategekimana Damascène committed defilement by touching the child's genitals for sexual gratification. The absence of physical injury or penetration and the intact hymen did not negate the offence. The claim of coerced confession was unsupported by evidence. The appeal was dismissed and the lower court's sentence of 15 years' imprisonment was upheld.
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The Court of Appeal quashed Bizimana Aloys’s conviction for defilement, finding the evidence inconsistent and insufficient to prove guilt beyond reasonable doubt.
Inducement by the victim is not a valid defense in child defilement cases due to strict liability; the correct sentencing law must be applied, and mitigating circumstances warrant reduction of sentence to 14 years.
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