UBUSHINJACYAHA vs NDABAZI

UBUSHINJACYAHA vs NDABAZI

The court found that Ndabazi Evariste intentionally killed his wife by striking her on the head with a hoe, a deadly weapon, resulting in her death the next day. There was no credible evidence of provocation, and the gravity and brutality of the offence justified upholding the life sentence. The appeal lacked merit...

Source-derived case information.

Citation
RPAA00832/2024/CA
Parties
Prosecution: Ubushinjacyaha; Appellant/accused: Ndabazi Evariste
Court
Court of Appeal
Jurisdiction
Rwanda
Judgment Date
27 May 2025
Case Number
RPAA00832/2024/CA
Procedural Posture
Criminal Appeal / Final Appellate Judgment
Outcome
appeal dismissed
Legal Topics
Murder, Assault Causing Death, Provocation, Sentencing, Mitigating Circumstances
Source Language
rw
Criminal Law Murder Assault Causing Death Provocation Sentencing Mitigating Circumstances

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Parties

Ubushinjacyaha

Prosecution

Ndabazi Evariste

Appellant/accused

Procedural Posture

Criminal Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether the conviction should be for murder or for assault causing death
  2. 2 Whether the accused acted under provocation (ubusembure)
  3. 3 Whether the sentence should be reduced due to mitigating circumstances

Ratio Decidendi

The court found that Ndabazi Evariste intentionally killed his wife by striking her on the head with a hoe, a deadly weapon, resulting in her death the next day. There was no credible evidence of provocation, and the gravity and brutality of the offence justified upholding the life sentence. The appeal lacked merit and the conviction and sentence were affirmed.

Court Disposition

appeal dismissed

Orders

  • The appeal by Ndabazi Evariste is dismissed as unfounded.
  • The judgment of the High Court, Rusizi Chamber, case RPA00363/2020/HC/RSZ of 28/07/2023, is upheld in all respects.