UBUSHINJACYAHA v. NTEZIRYAYO

UBUSHINJACYAHA v. NTEZIRYAYO

The appellant failed to prove the statutory requirements for self-defence and provided no evidence of imminent threat or that pursuers were criminals; sentence reduction was already proportionate to the crime and further reduction is unwarranted.

Citation
RLR V.2-2018
Parties
Prosecution: Ubushinjacyaha; Appellant/defendant: Nteziryayo Emmanuel
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
25 November 2016
Case Number
RPA0249/13/CS
Procedural Posture
Criminal Appeal / Final Judgment (supreme Court)
Outcome
appeal dismissed
Legal Topics
Self Defence, Sentencing Reduction, Murder, Attempted Murder
Source Language
en, rw
Criminal Law Self Defence Sentencing Reduction Murder Attempted Murder

Case Brief

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Parties

Ubushinjacyaha

Prosecution

Nteziryayo Emmanuel

Appellant/defendant

Procedural Posture

Criminal Appeal / Final Judgment (supreme Court)

Legal Issues

  1. 1 Whether Nteziryayo Emmanuel committed the alleged crimes in self-defence
  2. 2 Whether further reduction of sentence is warranted

Ratio Decidendi

The appellant failed to prove the statutory requirements for self-defence and provided no evidence of imminent threat or that pursuers were criminals; sentence reduction was already proportionate to the crime and further reduction is unwarranted.

Court Disposition

appeal dismissed

Orders

  • Sentence of twelve (12) years imprisonment imposed by High Court (RP0077/12/HC/MUS) remains unchanged.
  • Court fees are to be paid to the State treasury.