UBUSHINJACYAHA v. NDAYISABA

UBUSHINJACYAHA v. NDAYISABA

The Supreme Court found that NDAYISABA acted under provocation when the victim and others attacked him in his home and assaulted his wife and child. This constituted a mitigating circumstance under Article 75 of the Penal Code, justifying a further reduction of his sentence to five years' imprisonment.

Citation
RPA 0280/09/CS
Parties
Prosecution: Ubushinjacyaha; Appellant: NDAYISABA Disvald
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
4 October 2013
Case Number
RPA 0280/09/CS
Procedural Posture
Criminal Appeal / Supreme Court Judgment on Appeal
Outcome
Appeal allowed; sentence reduced
Legal Topics
Murder, Mitigation of Sentence, Provocation, Evidence, Appeal
Source Language
rw, en
Criminal Law Murder Mitigation of Sentence Provocation Evidence Appeal

Case Brief

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Parties

Ubushinjacyaha

Prosecution

NDAYISABA Disvald

Appellant

Procedural Posture

Criminal Appeal / Supreme Court Judgment on Appeal

Legal Issues

  1. 1 Whether the sentence imposed on NDAYISABA Disvald should be further reduced due to provocation (ubusembure)
  2. 2 Whether the trial court erred by not hearing additional witnesses

Ratio Decidendi

The Supreme Court found that NDAYISABA acted under provocation when the victim and others attacked him in his home and assaulted his wife and child. This constituted a mitigating circumstance under Article 75 of the Penal Code, justifying a further reduction of his sentence to five years' imprisonment.

Court Disposition

Appeal allowed; sentence reduced

Orders

  • NDAYISABA Disvald is sentenced to five (5) years' imprisonment, including time already served.
  • The previous judgment is modified only as to sentence.