UBUSHINJACYAHA v. MANIRIHO n’abandi

UBUSHINJACYAHA v. MANIRIHO n’abandi

There was no evidence of unequivocal acts constituting commencement of execution of the alleged crime; the accused only prepared or discussed a plan, which was not punishable under the law at the time. The tract was not proven to be authored by the accused and did not amount to commencement of execution. Therefore, the accused cannot be convicted of attempt.

Citation
[2017] 1 RLR
Parties
Prosecution: Ubushinjacyaha; Accused: Maniriho Eric; Accused: Niyonsenga Léonard; Accused: Uwamahoro Jean d’Amour; Accused: Nzamuye Selemani
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
22 April 2016
Case Number
RPA 0082/11/CS
Procedural Posture
Criminal Appeal / Supreme Court Final Judgment
Outcome
Appeal allowed; convictions overturned; accused acquitted.
Legal Topics
Attempted Crime, Conspiracy, Elements of Attempt, Exculpation, Evidentiary Standards
Source Language
en, rw
Criminal Law Attempted Crime Conspiracy Elements of Attempt Exculpation Evidentiary Standards

Case Brief

Summary, issues, holding and outcome

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Parties

Ubushinjacyaha

Prosecution

Maniriho Eric

Accused

Niyonsenga Léonard

Accused

Uwamahoro Jean d’Amour

Accused

Nzamuye Selemani

Accused

Procedural Posture

Criminal Appeal / Supreme Court Final Judgment

Legal Issues

  1. 1 Whether the accused committed the punishable attempt of murder (ubwinjiracyaha bw’ubuhotozi) against Nsabimana Isaac
  2. 2 Whether the acts constituted commencement of execution as required by law for attempt
  3. 3 Whether the evidence (including the tract) was sufficient to prove attempt

Ratio Decidendi

There was no evidence of unequivocal acts constituting commencement of execution of the alleged crime; the accused only prepared or discussed a plan, which was not punishable under the law at the time. The tract was not proven to be authored by the accused and did not amount to commencement of execution. Therefore, the accused cannot be convicted of attempt.

Court Disposition

Appeal allowed; convictions overturned; accused acquitted.

Orders

  • The appeal of Maniriho Eric, Niyonsenga Léonard, Uwamahoro Jean d’Amour, and Nzamuye Selemani is allowed.
  • The accused are acquitted of the charge of attempted murder.