IMIRONGO CoA JULY-AUGUST 2022
Mitigating circumstances, such as first-time offence and youth, allow reduction of sentence below statutory minimum or maximum for defilement of minors under 14, as the absolute bar on mitigation is unconstitutional. Acceptance of guilt is only mitigating if made unequivocally before closure of first instance trial. Courts retain discretion to determine appropriate sentence based on gravity and manner of offence. Confessions and witness statements from investigation are valid evidence unless convincingly rebutted. Testimony from victims or relatives is admissible if credible. In voided contra…
Source excerpt
- Defilement of minors
- Mitigating circumstances
- Sentencing discretion
- Appeal procedure
- Drug offences
- Homicide