PROSECUTION v. NTEZIRYAYO_en

PROSECUTION v. NTEZIRYAYO_en

The accused failed to prove that his actions met the legal requirements for self-defence under article 105 of the penal code, and the penalty had already been reduced appropriately by the High Court; thus, the appeal for further reduction or acquittal on grounds of self-defence was without merit.

Citation
RLR V.2-2018
Parties
Applicant: Prosecution; Respondent: Nteziryayo Emmanuel
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
25 November 2016
Case Number
RPA0249/13/CS
Procedural Posture
Criminal Appeal / Supreme Court Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Self Defence, Onus Probandi, Penalty Reduction, Attempted Murder, Murder
Source Language
en, rw
Criminal Law Self Defence Onus Probandi Penalty Reduction Attempted Murder Murder

Case Brief

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Parties

Prosecution

Applicant

Nteziryayo Emmanuel

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Judgment on Appeal

Legal Issues

  1. 1 Whether the accused acted in self-defence under the penal code
  2. 2 Whether further penalty reduction is warranted

Ratio Decidendi

The accused failed to prove that his actions met the legal requirements for self-defence under article 105 of the penal code, and the penalty had already been reduced appropriately by the High Court; thus, the appeal for further reduction or acquittal on grounds of self-defence was without merit.

Court Disposition

Appeal dismissed

Orders

  • The penalty of twelve years imprisonment is sustained.
  • Court fees to be charged to the public treasury.