UBUSHINJACYAHA V. HABIMANA

The Supreme Court found that the grounds for conviction in both lower courts were identical, based on consistent witness testimony and evidence. Therefore, the Court of Appeal correctly refused to admit the second appeal, and no injustice occurred in the prior proceedings to warrant review.

Citation: RS/INJUST/RP 00002/2019/SC
Parties: Prosecution: Ubushinjacyaha; Defendant: Habimana Innocent
Court: Supreme Court
Jurisdiction: Rwanda
Judgment Date: 23 December 2020
Case Number: RS/INJUST/RP 00002/2019/SC
Procedural Posture: Criminal Appeal / Supreme Court Review on Grounds of Injustice
Outcome: Application for review dismissed; prior judgment upheld.
Legal Topics: Appeal Procedure, Grounds for Review, Double Jeopardy, Jurisdiction of Appellate Courts, Murder, Evidentiary Assessment
Source Language: rw

Criminal Law Criminal Procedure Appeal Procedure Grounds for Review Double Jeopardy Jurisdiction of Appellate Courts Murder Evidentiary Assessment

Case Brief

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Full judgment text Legal principles 2 Authorities cited 4 Party arguments 2 Amounts and remedies 1

Parties

Ubushinjacyaha

Prosecution

Habimana Innocent

Defendant

Procedural Posture

Criminal Appeal / Supreme Court Review on Grounds of Injustice

Legal Issues

1 Whether the Court of Appeal erred in refusing to admit Habimana Innocent's second appeal on grounds that he lost on the same grounds in both lower courts
2 Whether there was injustice in the prior proceedings warranting review

Ratio Decidendi

Court Disposition

Application for review dismissed; prior judgment upheld.

Orders

The application by Habimana Innocent to review the Court of Appeal judgment RPAA 0019/2018/CA is dismissed as unfounded.
It is declared that there was no injustice in the judgment RPAA 0019/2018/CA of 24/10/2018.