PROSECUTION v. MURINZI ET. AL

PROSECUTION v. MURINZI ET. AL

The Supreme Court held that both Murinzi Olivier and Niyodusenga Philippe were guilty of attempted armed robbery, with sufficient evidence including their own statements, witness testimony, and their actions at the crime scene. The Court applied the more lenient penalty under the new penal code retroactively, further reducing Murinzi's sentence due to his guilty plea as a mitigating circumstance. Both were ordered released as their sentences had been served.

Citation
RPAA0148/11/CS
Parties
Applicant: Prosecution; Respondent: Murinzi Olivier; Respondent: Niyodusenga Philippe
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
27 November 2015
Case Number
RPAA0148/11/CS
Procedural Posture
Criminal Appeal / Supreme Court Judgment
Outcome
Appeal of Murinzi Olivier allowed in part; appeal of Niyodusenga Philippe dismissed; sentences reduced; immediate release ordered.
Legal Topics
Attempted Armed Robbery, Penalty Reduction, Mitigating Circumstances, Retroactivity of Criminal Law, Constructive Possession, Incriminating Evidence
Source Language
en, rw
Criminal Law Attempted Armed Robbery Penalty Reduction Mitigating Circumstances Retroactivity of Criminal Law Constructive Possession Incriminating Evidence

Case Brief

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Parties

Prosecution

Applicant

Murinzi Olivier

Respondent

Niyodusenga Philippe

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether penalties imposed on Murinzi Olivier should be reduced due to mitigating circumstances and retroactive application of a more lenient law
  2. 2 Whether there is sufficient incriminating evidence against Niyodusenga Philippe and whether his penalty should be reduced

Ratio Decidendi

The Supreme Court held that both Murinzi Olivier and Niyodusenga Philippe were guilty of attempted armed robbery, with sufficient evidence including their own statements, witness testimony, and their actions at the crime scene. The Court applied the more lenient penalty under the new penal code retroactively, further reducing Murinzi's sentence due to his guilty plea as a mitigating circumstance. Both were ordered released as their sentences had been served.

Court Disposition

Appeal of Murinzi Olivier allowed in part; appeal of Niyodusenga Philippe dismissed; sentences reduced; immediate release ordered.

Orders

  • Judgment of High Court altered only with regard to penalties.
  • Murinzi Olivier sentenced to 5 years imprisonment.