UBUSHINJACYAHA v. MVUYEKURE_126791_kn

UBUSHINJACYAHA v. MVUYEKURE_126791_kn

The conviction was based solely on the testimony of a 3-year-old child without corroborating evidence, contrary to the law requiring such testimony to be supported by other evidence. The failure to conduct an HIV test on the child deprived the accused of a key element of his defence. The right to defence was not respected. Therefore, the conviction was not based on evidence beyond reasonable doubt and must be overturned.

Citation
RLR V.4 - 2015
Parties
Prosecution: Ubushinjacyaha; Defendant: Mvuyekure Faustin
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
7 November 2014
Case Number
RPAA 0133/10/CS
Procedural Posture
Criminal Appeal / Supreme Court Final Appeal
Outcome
Acquittal
Legal Topics
Child Sexual Offences, Standard of Proof, Right to Defence, Admissibility of Evidence
Source Language
rw
Criminal Law Evidence Law Criminal Procedure Child Sexual Offences Standard of Proof Right to Defence Admissibility of Evidence

Case Brief

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Parties

Ubushinjacyaha

Prosecution

Mvuyekure Faustin

Defendant

Procedural Posture

Criminal Appeal / Supreme Court Final Appeal

Legal Issues

  1. 1 Whether the conviction was based on evidence beyond reasonable doubt
  2. 2 Whether the sole testimony of a child under 14 is sufficient for conviction
  3. 3 Whether the right to defence was respected

Ratio Decidendi

The conviction was based solely on the testimony of a 3-year-old child without corroborating evidence, contrary to the law requiring such testimony to be supported by other evidence. The failure to conduct an HIV test on the child deprived the accused of a key element of his defence. The right to defence was not respected. Therefore, the conviction was not based on evidence beyond reasonable doubt and must be overturned.

Court Disposition

Acquittal

Orders

  • Mvuyekure Faustin is acquitted and must be released immediately.
  • Court costs are to be borne by the State.