UBUSHINJACYAHA v. MBARUSHIMANA

UBUSHINJACYAHA v. MBARUSHIMANA

The court found that Mbarushimana entered the victims' home at night armed with a hoe, attacked both victims with intent to kill, and only failed to complete the murder due to the intervention of neighbors. The severity, lack of remorse, and permanent injury to the victim justified upholding the life sentence without mitigation.

Citation
RPA 0187/12/CS
Parties
Prosecution: Ubushinjacyaha; Appellant/accused: Mbarushimana Fulgence; Victim/civil Party: Bashimiraho Josepha; Victim/civil Party: Nyirakamana Catherine
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
15 July 2017
Case Number
RPA 0187/12/CS
Procedural Posture
Criminal Appeal / Supreme Court Judgment on Appeal
Outcome
Appeal dismissed; lower court judgment affirmed.
Legal Topics
Attempted Murder, Unlawful Entry, Sentencing, Mitigating and Aggravating Circumstances, Permanent Disability as Consequence of Crime
Source Language
en, rw
Criminal Law Attempted Murder Unlawful Entry Sentencing Mitigating and Aggravating Circumstances Permanent Disability as Consequence of Crime

Case Brief

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Parties

Ubushinjacyaha

Prosecution

Mbarushimana Fulgence

Appellant/accused

Bashimiraho Josepha

Victim/civil Party

Nyirakamana Catherine

Victim/civil Party

Procedural Posture

Criminal Appeal / Supreme Court Judgment on Appeal

Legal Issues

  1. 1 Whether Mbarushimana committed attempted murder or only assault and battery
  2. 2 Whether sentence should be reduced for admission of guilt

Ratio Decidendi

The court found that Mbarushimana entered the victims' home at night armed with a hoe, attacked both victims with intent to kill, and only failed to complete the murder due to the intervention of neighbors. The severity, lack of remorse, and permanent injury to the victim justified upholding the life sentence without mitigation.

Court Disposition

Appeal dismissed; lower court judgment affirmed.

Orders

  • Life imprisonment for Mbarushimana Fulgence upheld
  • Compensation to Bashimiraho Josepha of 1,580,000 RWF