UBUSHINJACYAHA v. MACUMI

UBUSHINJACYAHA v. MACUMI

The court found that the prosecution proved the age of M. R. as under 18 at the time of the offense, thus Macumi Jacques was guilty of defilement. The prosecution failed to prove the age of M. F., so the defendant was acquitted on that count. The sentence was reduced to the statutory minimum of 20 years due to the defendant's confession at first instance.

Citation
RPAA 00348/2020/CA
Parties
Prosecution: Ubushinjacyaha; Defendant: Macumi Jacques
Court
Court of Appeal
Jurisdiction
Rwanda
Judgment Date
27 May 2022
Case Number
RPAA 00348/2020/CA
Procedural Posture
Criminal Appeal / Final Appellate Judgment
Outcome
partially allowed
Legal Topics
Defilement, Cohabitation With a Minor, Sentencing Reduction, Burden of Proof, Age Determination
Source Language
en, rw, fr
Criminal Law Defilement Cohabitation With a Minor Sentencing Reduction Burden of Proof Age Determination

Case Brief

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Parties

Ubushinjacyaha

Prosecution

Macumi Jacques

Defendant

Procedural Posture

Criminal Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether the defendant committed defilement and cohabitation with a minor
  2. 2 Whether the ages of the alleged victims were proven
  3. 3 Whether the sentence should be reduced due to confession and mitigating circumstances

Ratio Decidendi

The court found that the prosecution proved the age of M. R. as under 18 at the time of the offense, thus Macumi Jacques was guilty of defilement. The prosecution failed to prove the age of M. F., so the defendant was acquitted on that count. The sentence was reduced to the statutory minimum of 20 years due to the defendant's confession at first instance.

Court Disposition

partially allowed

Orders

  • The appeal is partially allowed.
  • The prior judgment is modified.