PROSECUTION v. BIGOBOKA ET AL

PROSECUTION v. BIGOBOKA ET AL

Bigoboka Amosi and Amouri Assoumani are acquitted due to lack of evidence proving guilt beyond reasonable doubt, as required by article 165 of the code of criminal procedure. Nizigiyimana Djumatatu's request for further penalty reduction is denied because the penalty imposed is reasonable given the gravity of his offences and his false incrimination of others.

Citation
RPA 0172/09/CS
Parties
Applicant: Prosecution; Appellant: Nizigiyimana Djumatatu; Appellant: Bigoboka Amosi; Appellant: Amouri Assoumani
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
5 September 2014
Case Number
RPA 0172/09/CS
Procedural Posture
Criminal Appeal / Final Judgment
Outcome
Appeal of Nizigiyimana Djumatatu dismissed; appeals of Bigoboka Amosi and Amouri Assoumani allowed; acquittal and immediate release ordered for Bigoboka Amosi and Amouri Assoumani.
Legal Topics
Armed Robbery, Murder, Illegal Possession of Firearm, Acquittal, Penalty Reduction, False Incrimination
Source Language
en
Criminal Law Criminal Procedure Armed Robbery Murder Illegal Possession of Firearm Acquittal Penalty Reduction False Incrimination

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Parties

Prosecution

Applicant

Nizigiyimana Djumatatu

Appellant

Bigoboka Amosi

Appellant

Amouri Assoumani

Appellant

Procedural Posture

Criminal Appeal / Final Judgment

Legal Issues

  1. 1 Whether Bigoboka Amosi and Amouri Assoumani should be acquitted
  2. 2 Whether Nizigiyimana Djumatatu should get more penalty reduction

Ratio Decidendi

Bigoboka Amosi and Amouri Assoumani are acquitted due to lack of evidence proving guilt beyond reasonable doubt, as required by article 165 of the code of criminal procedure. Nizigiyimana Djumatatu's request for further penalty reduction is denied because the penalty imposed is reasonable given the gravity of his offences and his false incrimination of others.

Court Disposition

Appeal of Nizigiyimana Djumatatu dismissed; appeals of Bigoboka Amosi and Amouri Assoumani allowed; acquittal and immediate release ordered for Bigoboka Amosi and Amouri Assoumani.

Orders

  • Immediate release of Bigoboka Amosi and Amouri Assoumani
  • Judgment RP 0163/07/HC/RSZ overruled only with regard to Bigoboka Amosi and Amouri Assoumani