UBUSHINJACYAHA v. MUSHINZIMANA

UBUSHINJACYAHA v. MUSHINZIMANA

The defendant cannot receive a sentence below the statutory minimum of fifteen years imprisonment and a fine of five million Rwandan francs for drug trafficking, as this is the lowest penalty allowed by current law, regardless of mitigating circumstances. Prior case law based on repealed provisions is not applicable.

Source-derived case information.

Citation
RPAA01050/2024/CA
Parties
Prosecution: Ubushinjacyaha; Defendant: Mushinzimana Jean Claude
Court
Court of Appeal
Jurisdiction
Rwanda
Judgment Date
29 September 2025
Case Number
RPAA01050/2024/CA
Procedural Posture
Criminal Appeal / Final Appellate Judgment
Outcome
appeal dismissed
Legal Topics
Drug Offences, Sentencing, Mitigating Circumstances, Statutory Minimum Sentences, Appeals
Source Language
rw
Criminal Law Drug Offences Sentencing Mitigating Circumstances Statutory Minimum Sentences Appeals

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Parties

Ubushinjacyaha

Prosecution

Mushinzimana Jean Claude

Defendant

Procedural Posture

Criminal Appeal / Final Appellate Judgment

  1. 1 Whether the defendant is entitled to further reduction of sentence below statutory minimum due to mitigating circumstances
  2. 2 Whether prior case law based on repealed statutory provisions can be relied upon for sentence reduction

Ratio Decidendi

The defendant cannot receive a sentence below the statutory minimum of fifteen years imprisonment and a fine of five million Rwandan francs for drug trafficking, as this is the lowest penalty allowed by current law, regardless of mitigating circumstances. Prior case law based on repealed provisions is not applicable.

Court Disposition

appeal dismissed

Orders

  • High Court judgment RPA01421/2022/HC/KIG affirmed in all respects
  • Defendant to continue serving fifteen years imprisonment and pay five million Rwandan francs fine