UBUSHINJACYAHA v NTAGANIRA
The Supreme Court held that hearsay evidence from MUHAWENIMANA Sabine was inadmissible as it was not based on her direct knowledge but on information from the accused. The Court found that NTAGANIRA Samuel provided material assistance by locking the victim and principal offender together, thereby facilitating the commission of the crime. The revision application was dismissed, and the conviction and sentence imposed by the High Court were upheld.
- Citation
- RS/INJUST/RP 00006/2024/SC
- Parties
- Prosecution: Ubushinjacyaha; Defendant: NTAGANIRA Samuel
- Court
- Supreme Court
- Jurisdiction
- Rwanda
- Judgment Date
- 11 July 2025
- Case Number
- RS/INJUST/RP 00006/2024/SC
- Procedural Posture
- Criminal Appeal (revision) / Supreme Court Decision on Revision for Miscarriage of Justice
- Outcome
- Revision application dismissed; conviction and sentence affirmed.
- Legal Topics
- Complicity, Hearsay Evidence, Sexual Offences Against Children, Standard of Proof, Admissibility of Evidence
- Source Language
- rw
Case Brief
Summary, issues, holding and outcome
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Parties
Ubushinjacyaha
Prosecution
NTAGANIRA Samuel
Defendant
Procedural Posture
Criminal Appeal (revision) / Supreme Court Decision on Revision for Miscarriage of Justice
Legal Issues
- 1 Whether NTAGANIRA Samuel was a legal accomplice to the crime of defilement of a minor
- 2 Whether hearsay evidence from MUHAWENIMANA Sabine should be relied upon
Ratio Decidendi
The Supreme Court held that hearsay evidence from MUHAWENIMANA Sabine was inadmissible as it was not based on her direct knowledge but on information from the accused. The Court found that NTAGANIRA Samuel provided material assistance by locking the victim and principal offender together, thereby facilitating the commission of the crime. The revision application was dismissed, and the conviction and sentence imposed by the High Court were upheld.
Court Disposition
Revision application dismissed; conviction and sentence affirmed.
Orders
- The decision of the High Court in case no RPA 00472/2022/HC/KIG dated 09/06/2023 is upheld.
Full Case Text
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