PROSECUTION v. MAYOBEREen

PROSECUTION v. MAYOBEREen

The offence was continuous, with the last act in 2013, making the 2012 Penal Code applicable and the prosecution timely; the High Court had jurisdiction to hear the appeal; the Supreme Court lacked jurisdiction over the second appeal as the sentence was less than 10 years and no non-existing law or lack of jurisdiction was established.

Citation
RLR V.1-2019
Parties
Prosecution: Prosecution; Accused: Mayobere Jean Baptiste; Claimant for Damages: Samvura Joseph
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
18 May 2018
Case Number
RPAA0067/15/CS
Procedural Posture
Criminal Appeal / Second Appeal to Supreme Court
Outcome
Appeal dismissed for lack of jurisdiction.
Legal Topics
Continuous Offence, Prescription of Criminal Action, Jurisdiction of Courts, Counterfeit Documents
Source Language
en, rw
Criminal Law Criminal Procedure Continuous Offence Prescription of Criminal Action Jurisdiction of Courts Counterfeit Documents

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Parties

Prosecution

Prosecution

Mayobere Jean Baptiste

Accused

Samvura Joseph

Claimant for Damages

Procedural Posture

Criminal Appeal / Second Appeal to Supreme Court

Legal Issues

  1. 1 Whether the High Court applied a non-existing law at the time of the offence
  2. 2 Whether the prosecution of the offence was time-barred (prescription)
  3. 3 Whether the High Court had jurisdiction to render the appealed judgment

Ratio Decidendi

The offence was continuous, with the last act in 2013, making the 2012 Penal Code applicable and the prosecution timely; the High Court had jurisdiction to hear the appeal; the Supreme Court lacked jurisdiction over the second appeal as the sentence was less than 10 years and no non-existing law or lack of jurisdiction was established.

Court Disposition

Appeal dismissed for lack of jurisdiction.

Orders

  • Sustains the High Court judgment RPA0181/14/HC/MUS rendered on 27 July 2015
  • Orders Mayobere J. Baptiste to pay court fees