NTIBAJYINAMA v. PROSECUTION

NTIBAJYINAMA v. PROSECUTION

The Supreme Court found that Ntibajyinama Esther’s guilty plea, hardship, trauma, and lack of legal counsel constituted mitigating circumstances warranting reduction of her sentence from life imprisonment to 10 years. The Court also held that the law on infanticide lacks proportionality and differentiation from murder, recommending legislative review.

Citation
RLR V.3-2018
Parties
Applicant: Ntibajyinama Esther; Respondent: The Prosecution; Amicus Curiae: Women’s Link Worldwide
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
1 June 2018
Case Number
RPAA0078/15/CS
Procedural Posture
Criminal Appeal / Final Appellate Judgment
Outcome
appeal allowed, sentence reduced
Legal Topics
Infanticide, Mitigating Circumstances, Right to Legal Counsel, Right to Health, Sentencing Proportionality, Advisory Opinion
Source Language
en, rw
Criminal Law Constitutional Law Criminal Procedure Infanticide Mitigating Circumstances Right to Legal Counsel Right to Health Sentencing Proportionality +1 more

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Parties

Ntibajyinama Esther

Applicant

The Prosecution

Respondent

Women’s Link Worldwide

Amicus Curiae

Procedural Posture

Criminal Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether the prison sentence of Ntibajyinama Esther should be reduced
  2. 2 Whether the lack of legal counsel violated due process
  3. 3 Whether the law on infanticide requires review for proportionality

Ratio Decidendi

The Supreme Court found that Ntibajyinama Esther’s guilty plea, hardship, trauma, and lack of legal counsel constituted mitigating circumstances warranting reduction of her sentence from life imprisonment to 10 years. The Court also held that the law on infanticide lacks proportionality and differentiation from murder, recommending legislative review.

Court Disposition

appeal allowed, sentence reduced

Orders

  • Judgment RPA0001/2015/HC/RWG overturned in regard to sentencing
  • Ntibajyinama Esther sentenced to 10 years imprisonment