UBUSHINJACYAHA v. KANGABE

UBUSHINJACYAHA v. KANGABE

The Supreme Court held that neither the existence of young children nor chronic illness constitute sufficient grounds to suspend execution of criminal judgments, as the law provides for the care of such children and for prisoners with health conditions. The appeal was dismissed for lack of merit.

Citation
RLR V.2-2019
Parties
Prosecution: Ubushinjacyaha; Appellant: Kangabe Christine; Interested Party: BPR Ltd
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
9 June 2016
Case Number
RPA 0027/16/CS
Procedural Posture
Criminal Appeal / Supreme Court Judgment on Appeal
Outcome
Appeal dismissed; High Court decision affirmed.
Legal Topics
Suspension of Sentence Execution, Rights of Children of Convicted Persons, Treatment of Prisoners With Chronic Illness
Source Language
en, rw
Criminal Law Family Law Child Rights Suspension of Sentence Execution Rights of Children of Convicted Persons Treatment of Prisoners With Chronic Illness

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Parties

Ubushinjacyaha

Prosecution

Kangabe Christine

Appellant

BPR Ltd

Interested Party

Procedural Posture

Criminal Appeal / Supreme Court Judgment on Appeal

Legal Issues

  1. 1 Whether the existence of young children and chronic illness justify suspension of execution of criminal judgments pending review

Ratio Decidendi

The Supreme Court held that neither the existence of young children nor chronic illness constitute sufficient grounds to suspend execution of criminal judgments, as the law provides for the care of such children and for prisoners with health conditions. The appeal was dismissed for lack of merit.

Court Disposition

Appeal dismissed; High Court decision affirmed.

Orders

  • The appeal by Kangabe Christine is dismissed for lack of merit.
  • The High Court's decision in RPA0139/016/HC/RWG of 22/04/2016 remains unchanged.