PROSECUTION v. KWITONDA

PROSECUTION v. KWITONDA

The accused was born in 1991, but the exact day and month are unknown. Applying the principle that doubt favours the accused, the court considered his birth date as 31 December 1991. On the date of the offence (16 July 2005), he was thirteen years and six months old, thus not criminally liable under the applicable law.

Citation
RLR V.2-2016
Parties
Prosecution: Prosecution; Accused: Kwitonda Jean Damascene
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
27 November 2015
Case Number
RPAA0305/11/CS
Procedural Posture
Criminal Appeal / Supreme Court Judgment
Outcome
Appeal allowed; accused not criminally liable; conviction overturned; immediate release ordered; court fees to be paid by the State.
Legal Topics
Conflict of Criminal Laws, Criminal Liability of Minors, Interpretation of Date of Birth in Criminal Cases
Source Language
en, rw
Criminal Law Conflict of Criminal Laws Criminal Liability of Minors Interpretation of Date of Birth in Criminal Cases

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Parties

Prosecution

Prosecution

Kwitonda Jean Damascene

Accused

Procedural Posture

Criminal Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Which criminal law applies when two laws conflict and the new law provides a lesser penalty?
  2. 2 How should the date of birth be determined when only the year is known in a criminal case involving a minor?
  3. 3 Is the accused criminally liable for child defilement if he was under fourteen years old at the time of the offence?

Ratio Decidendi

The accused was born in 1991, but the exact day and month are unknown. Applying the principle that doubt favours the accused, the court considered his birth date as 31 December 1991. On the date of the offence (16 July 2005), he was thirteen years and six months old, thus not criminally liable under the applicable law.

Court Disposition

Appeal allowed; accused not criminally liable; conviction overturned; immediate release ordered; court fees to be paid by the State.

Orders

  • Immediate release of Kwitonda Jean Damascene from prison
  • Judgment RPA956/08/HC/KIG of 28 October 2011 overturned