UBUSHINJACYAHA v UWIMANA

UBUSHINJACYAHA v UWIMANA

The accused completed the offense of armed robbery by entering the house, breaking the lock with a weapon, gathering and appropriating items, and being apprehended in the act. The fact that the stolen items were recovered does not reduce the offense to an attempt. The minimum sentence of 15 years' imprisonment is mandatory and cannot be further reduced, and confession at the appeal stage does not justify mitigation.

Citation
RPAA 00106/2020/CA
Parties
Prosecution: Ubushinjacyaha; Appellant/accused: UWIMANA Jérôme
Court
Court of Appeal
Jurisdiction
Rwanda
Judgment Date
15 December 2025
Case Number
RPAA 00106/2020/CA
Procedural Posture
Criminal Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed; conviction and sentence affirmed.
Legal Topics
Armed Robbery, Attempted Robbery, Sentencing, Appeal Procedure
Source Language
rw
Criminal Law Armed Robbery Attempted Robbery Sentencing Appeal Procedure

Case Brief

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Parties

Ubushinjacyaha

Prosecution

UWIMANA Jérôme

Appellant/accused

Procedural Posture

Criminal Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the accused committed armed robbery or attempted armed robbery
  2. 2 Whether the sentence should be reduced due to confession and first-time offense

Ratio Decidendi

The accused completed the offense of armed robbery by entering the house, breaking the lock with a weapon, gathering and appropriating items, and being apprehended in the act. The fact that the stolen items were recovered does not reduce the offense to an attempt. The minimum sentence of 15 years' imprisonment is mandatory and cannot be further reduced, and confession at the appeal stage does not justify mitigation.

Court Disposition

Appeal dismissed; conviction and sentence affirmed.

Orders

  • The appeal of UWIMANA Jérôme is dismissed as unfounded.
  • The judgment of the High Court (RPA 00811/2019/HC/KIG of 27/04/2020) is affirmed.