PROSECUTOR v. MBARUSHIMANA

PROSECUTOR v. MBARUSHIMANA

The court found that Mbarushimana's actions—breaking into the victims' home at midnight armed with a hoe, striking them indiscriminately, and causing permanent disability—demonstrated intent to kill. The cruelty of the offence and lack of remorse justified denial of penalty reduction. The High Court's conviction and sentence were upheld.

Citation
RPA 0187/12/CS
Parties
Prosecution: Prosecutor; Accused: Mbarushimana Fulgence; Civil Party: Bashimiraho Josepha; Civil Party: Nyirakamana Catherine
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
15 July 2016
Case Number
RPA 0187/12/CS
Procedural Posture
Criminal Appeal / Supreme Court Judgment
Outcome
Appeal dismissed; conviction and sentence upheld.
Legal Topics
Attempted Murder, Assault and Battery, Violation of Domicile, Penalty Reduction, Sentencing
Source Language
en
Criminal Law Attempted Murder Assault and Battery Violation of Domicile Penalty Reduction Sentencing

Case Brief

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Parties

Prosecutor

Prosecution

Mbarushimana Fulgence

Accused

Bashimiraho Josepha

Civil Party

Nyirakamana Catherine

Civil Party

Procedural Posture

Criminal Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether Mbarushimana committed attempted murder or only assault and battery
  2. 2 Whether the penalty should be reduced

Ratio Decidendi

The court found that Mbarushimana's actions—breaking into the victims' home at midnight armed with a hoe, striking them indiscriminately, and causing permanent disability—demonstrated intent to kill. The cruelty of the offence and lack of remorse justified denial of penalty reduction. The High Court's conviction and sentence were upheld.

Court Disposition

Appeal dismissed; conviction and sentence upheld.

Orders

  • Dismiss the appeal lodged by Mbarushimana Fulgence
  • Sustain the judgment RP 0032/10/HC/MUS rendered by the High Court, Musanze chamber on 25 May 2012 sentencing him to life imprisonment