UBUSHINJACYAHA VS MUKUNDIMANA N’UNDI
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The Court of Appeal accepted Ntambara Jean Bosco’s withdrawal of his criminal appeal, leaving the High Court’s 10-year prison sentence and fine unchanged.
The Court of Appeal upheld a conviction for cannabis trafficking, finding admissions and witness evidence showed dealing, but reduced the fine for proportionality.
The Court of Appeal upheld a conviction for intentional homicide, refused to reclassify the offence, and held that provocation raised on appeal was not admissible.
The court found that Ndabazi Evariste intentionally killed his wife by striking her on the head with a hoe, a deadly weapon, resulting in her death the next day. There was no credible evidence of provocation, and the gravity and brutality of the offence justified upholding the life sentence. The appeal lacked merit and the conviction and sentence were affirmed.
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The evidence, including quantity, packaging, and witness statements, established drug trafficking; the sentence imposed was the minimum allowed by law after mitigation, and further reduction or suspension was legally impossible.
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The Court of Appeal held that, pursuant to Article 189 of Law Nº 027/2019, the appellant is entitled to withdraw his appeal at any stage before the case is finally decided, and upon such withdrawal, the judgment of the High Court remains in force.
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The court found that Uwamahoro Claire intentionally killed the victim by stabbing her in the torso with a knife, which demonstrates intent to kill under established jurisprudence. The claim of provocation was not properly raised at trial and cannot be considered on appeal. The sentence of 18 years' imprisonment was deemed appropriate and sufficiently mitigated given the circumstances and remorse shown; no further reduction was warranted.
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Repeatedly striking the victim on the head with a hoe, a lethal weapon, demonstrated intent to kill. The sentence of 15 years' imprisonment was proportionate to the gravity of the attempted murder, and no further reduction was warranted.
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The court found that the evidence established drug trafficking, not simple possession, based on the quantity of cannabis, packaging, and witness testimony. The minimum sentence allowed by law had already been imposed, and further reduction or suspension was not legally permissible.
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