UBUSHINJACYAHA v. HAKIZIYAREMYE

UBUSHINJACYAHA v. HAKIZIYAREMYE

The Court found that the conduct of the victim (dancing with the accused's companion) did not amount to serious provocation justifying the assault. The medical evidence did not show permanent incapacity, so the offence was reclassified as intentional assault causing pain but not permanent incapacity. The new, more lenient law applied, reducing the sentence to one year imprisonment and a fine of 300,000 FRW. Immediate release was ordered as the time served exceeded the new sentence.

Citation
RPAA 00443/2023/CA
Parties
Prosecution: Ubushinjacyaha; Appellant/accused: Hakiziyaremye Moise
Court
Court of Appeal
Jurisdiction
Rwanda
Judgment Date
29 April 2025
Case Number
RPAA 00443/2023/CA
Procedural Posture
Criminal Appeal / Court of Appeal Judgment
Outcome
Appeal partially allowed; conviction and sentence modified.
Legal Topics
Assault, Battery, Sentencing, Mitigating Circumstances, Change of Charge, Appeal Procedure
Source Language
rw
Criminal Law Assault Battery Sentencing Mitigating Circumstances Change of Charge Appeal Procedure

Case Brief

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Parties

Ubushinjacyaha

Prosecution

Hakiziyaremye Moise

Appellant/accused

Procedural Posture

Criminal Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether Hakiziyaremye Moise committed the offence under provocation (ubusembure)
  2. 2 Whether the conviction and sentence matched the actual conduct and evidence

Ratio Decidendi

The Court found that the conduct of the victim (dancing with the accused's companion) did not amount to serious provocation justifying the assault. The medical evidence did not show permanent incapacity, so the offence was reclassified as intentional assault causing pain but not permanent incapacity. The new, more lenient law applied, reducing the sentence to one year imprisonment and a fine of 300,000 FRW. Immediate release was ordered as the time served exceeded the new sentence.

Court Disposition

Appeal partially allowed; conviction and sentence modified.

Orders

  • Conviction reclassified as intentional assault causing pain (Article 121, Law No 68/2018 as amended by Article 11, Law No 059/2023).
  • Sentence reduced to one year imprisonment and a fine of 300,000 FRW.