UBUSHINJACYAHA v. HABYARIMANA ET.AL_kn

UBUSHINJACYAHA v. HABYARIMANA ET.AL_kn

The accused were found guilty of unlawful entry and unpremeditated murder due to their joint actions leading to the deaths, regardless of individual intent or direct participation. The court found no basis for self-defense or for increasing damages beyond the amount previously awarded.

Citation
RLR V.3-2018
Parties
Prosecution: Ubushinjacyaha; Accused: Habyarimana Festus; Accused: Uwiragiye Fabiola; Accused: Rugamba Frank; Accused: Karemera Steven Alias Maridadi; Accused: Ngezahayo David; Civil Claimant: Mukambanda Dorothée
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
8 December 2017
Case Number
RPA0154/13/CS
Procedural Posture
Criminal Appeal / Supreme Court Judgment
Outcome
Appeal partially allowed; convictions and sentences modified.
Legal Topics
Complicity, Home Invasion, Murder, Cumulative Offences, Damages, Appeal Procedure
Source Language
en, rw
Criminal Law Complicity Home Invasion Murder Cumulative Offences Damages Appeal Procedure

Case Brief

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Parties

Ubushinjacyaha

Prosecution

Habyarimana Festus

Accused

Uwiragiye Fabiola

Accused

Rugamba Frank

Accused

Karemera Steven Alias Maridadi

Accused

Ngezahayo David

Accused

Mukambanda Dorothée

Civil Claimant

Procedural Posture

Criminal Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether the accused should be convicted of unlawful entry without a complaint from the victim
  2. 2 Whether there was sufficient evidence for conviction on unlawful entry and murder
  3. 3 Whether damages awarded to the civil claimant were adequate

Ratio Decidendi

The accused were found guilty of unlawful entry and unpremeditated murder due to their joint actions leading to the deaths, regardless of individual intent or direct participation. The court found no basis for self-defense or for increasing damages beyond the amount previously awarded.

Court Disposition

Appeal partially allowed; convictions and sentences modified.

Orders

  • Each accused sentenced to 15 years imprisonment for cumulative offences of unlawful entry and unpremeditated murder.
  • Accused ordered to jointly pay Mukambanda damages of 10,000,000 Rwandan Francs.