UBUSHINJACYAHA v. PFAKUBAHA

UBUSHINJACYAHA v. PFAKUBAHA

The appellant's actions, including premeditation, use of a deadly weapon, and the intervention of third parties preventing the victim's death, constitute attempted murder under the law. The sentence imposed was appropriate, and neither partial admission of guilt nor intoxication justified further mitigation.

Citation
RPA 0252/12/CS
Parties
Prosecution: Ubushinjacyaha; Appellant: Pfakubaha Pascal
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
8 July 2016
Case Number
RPA 0252/12/CS
Procedural Posture
Criminal Appeal / Supreme Court Final Appeal
Outcome
Appeal dismissed; conviction and sentence affirmed.
Legal Topics
Attempted Murder, Domestic Violence, Mitigating and Aggravating Circumstances, Intoxication as a Defense
Source Language
en, rw
Criminal Law Attempted Murder Domestic Violence Mitigating and Aggravating Circumstances Intoxication as a Defense

Case Brief

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Parties

Ubushinjacyaha

Prosecution

Pfakubaha Pascal

Appellant

Procedural Posture

Criminal Appeal / Supreme Court Final Appeal

Legal Issues

  1. 1 Whether the appellant's actions constituted attempted murder or assault and battery
  2. 2 Whether the sentence should be further reduced due to partial admission of guilt or intoxication

Ratio Decidendi

The appellant's actions, including premeditation, use of a deadly weapon, and the intervention of third parties preventing the victim's death, constitute attempted murder under the law. The sentence imposed was appropriate, and neither partial admission of guilt nor intoxication justified further mitigation.

Court Disposition

Appeal dismissed; conviction and sentence affirmed.

Orders

  • The judgment of the High Court, Rusizi Chamber, is upheld.
  • Court costs are to be borne by the appellant (to the State treasury).