UBUSHINJACYAHA v. MURINZI N’UNDI

UBUSHINJACYAHA v. MURINZI N’UNDI

Both Murinzi Olivier and Niyodusenga Philippe were found guilty of attempted armed robbery based on evidence of joint criminal intent and constructive possession of a firearm. Murinzi Olivier benefited from mitigation for admitting guilt and retroactive application of a more lenient law, resulting in a reduced sentence. Niyodusenga Philippe's denial was inconsistent and evasive, but he also benefited from mitigation and retroactive application of the lenient law.

Citation
RPAA0148/11/CS
Parties
Prosecution: Ubushinjacyaha; Appellant: Murinzi Olivier; Appellant: Niyodusenga Philippe
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
27 November 2015
Case Number
RPAA0148/11/CS
Procedural Posture
Criminal Appeal / Final Appellate Judgment
Outcome
appeal partially allowed for Murinzi Olivier, dismissed for Niyodusenga Philippe; sentences reduced
Legal Topics
Armed Robbery, Mitigation of Sentence, Retroactive Application of Lenient Law, Constructive Possession, Joint Criminal Enterprise
Source Language
en, rw
Criminal Law Armed Robbery Mitigation of Sentence Retroactive Application of Lenient Law Constructive Possession Joint Criminal Enterprise

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Parties

Ubushinjacyaha

Prosecution

Murinzi Olivier

Appellant

Niyodusenga Philippe

Appellant

Procedural Posture

Criminal Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether Murinzi Olivier should benefit from mitigation and retroactive application of lenient law
  2. 2 Whether Niyodusenga Philippe is guilty of attempted armed robbery and eligible for mitigation

Ratio Decidendi

Both Murinzi Olivier and Niyodusenga Philippe were found guilty of attempted armed robbery based on evidence of joint criminal intent and constructive possession of a firearm. Murinzi Olivier benefited from mitigation for admitting guilt and retroactive application of a more lenient law, resulting in a reduced sentence. Niyodusenga Philippe's denial was inconsistent and evasive, but he also benefited from mitigation and retroactive application of the lenient law.

Court Disposition

appeal partially allowed for Murinzi Olivier, dismissed for Niyodusenga Philippe; sentences reduced

Orders

  • Murinzi Olivier sentenced to five years imprisonment
  • Niyodusenga Philippe sentenced to five years and ten months imprisonment