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Rwanda decisions
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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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Appeal grounds submitted by applicant were not accepted as they were filed after the statutory deadline, and no valid justification was provided for the delay; therefore, prior judgment and sentence remain unchanged.
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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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The Court of Appeal upheld a 15-year prison sentence for defilement followed by cohabitation with a minor, but removed an unlawful RWF 5,000,000 fine.
The Court found that the victim was a minor at the time of the offence based on a valid birth certificate, and that Niyonkuru Eric was an adult. Despite the gravity of the offence, the Court recognized mitigating circumstances including the accused's admission of guilt, first-time offence, and lack of prior criminal record, warranting a reduction of the sentence from ten to six years' imprisonment.
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