UBUSHINJACYAHA v. NDINDIRIYIMANA

UBUSHINJACYAHA v. NDINDIRIYIMANA

Ndindiriyimana Augustin is guilty only of theft with breaking, not of forming a criminal group, as there is no evidence of the latter. The sentence must be reduced to four years in accordance with the new, more lenient law.

Citation
RPAA 0278/10/CS
Parties
Prosecution: Ubushinjacyaha; Appellant: Ndindiriyimana Augustin
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
12 December 2014
Case Number
RPAA 0278/10/CS
Procedural Posture
Criminal Appeal / Supreme Court Final Judgment
Outcome
Appeal partially allowed
Legal Topics
Theft, Formation of Criminal Group, Sentencing, Evidence
Source Language
en, rw
Criminal Law Theft Formation of Criminal Group Sentencing Evidence

Case Brief

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Parties

Ubushinjacyaha

Prosecution

Ndindiriyimana Augustin

Appellant

Procedural Posture

Criminal Appeal / Supreme Court Final Judgment

Legal Issues

  1. 1 Whether Ndindiriyimana Augustin committed the offence of theft with breaking and whether he formed a criminal group

Ratio Decidendi

Ndindiriyimana Augustin is guilty only of theft with breaking, not of forming a criminal group, as there is no evidence of the latter. The sentence must be reduced to four years in accordance with the new, more lenient law.

Court Disposition

Appeal partially allowed

Orders

  • Conviction for forming a criminal group quashed
  • Conviction for theft with breaking affirmed