UBUSHINJACYAHA vs. HABINEZA OBED

UBUSHINJACYAHA vs. HABINEZA OBED

Given that Habineza Obed committed the offense at age 20, was a first-time offender, admitted guilt, and considering the precedent of similar cases, the sentence should be further reduced to ten years' imprisonment under Article 2(b) of Law No. 059/2023.

Citation
RPAA 00292/2023/CA
Parties
Prosecution: Ubushinjacyaha; Appellant/accused: Habineza Obed
Court
Court of Appeal
Jurisdiction
Rwanda
Judgment Date
29 November 2024
Case Number
RPAA 00292/2023/CA
Procedural Posture
Criminal Appeal / Court of Appeal Final Judgment
Outcome
Appeal allowed in part; sentence reduced.
Legal Topics
Defilement, Sentencing, Mitigating Circumstances, Appeal Procedure
Source Language
rw
Criminal Law Defilement Sentencing Mitigating Circumstances Appeal Procedure

Case Brief

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Parties

Ubushinjacyaha

Prosecution

Habineza Obed

Appellant/accused

Procedural Posture

Criminal Appeal / Court of Appeal Final Judgment

Legal Issues

  1. 1 Whether the sentence imposed on Habineza Obed by the High Court, Rusizi Chamber, should be further reduced

Ratio Decidendi

Given that Habineza Obed committed the offense at age 20, was a first-time offender, admitted guilt, and considering the precedent of similar cases, the sentence should be further reduced to ten years' imprisonment under Article 2(b) of Law No. 059/2023.

Court Disposition

Appeal allowed in part; sentence reduced.

Orders

  • The appeal by Habineza Obed is allowed to the extent of sentence reduction.
  • The High Court, Rusizi Chamber judgment of 20/04/2023 is varied only as to sentence.