UBUSHINJACYAHA v. TUYAMBAZE

UBUSHINJACYAHA v. TUYAMBAZE

The act of throwing a newborn into a latrine with knowledge it was alive constitutes infanticide, not mere abandonment, as intent to kill was established. Applicant's difficult circumstances and admission of guilt justified further reduction of sentence.

Citation
RPA 0087/12/CS
Parties
Prosecution: Ubushinjacyaha; Applicant: Tuyambaze Emérance
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
8 April 2016
Case Number
RPA 0087/12/CS
Procedural Posture
Criminal Appeal / Final Judgment
Outcome
appeal allowed
Legal Topics
Infanticide, Mitigating Circumstances, Child Abandonment
Source Language
en, rw
Criminal Law Child Protection Infanticide Mitigating Circumstances Child Abandonment

Case Brief

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Parties

Ubushinjacyaha

Prosecution

Tuyambaze Emérance

Applicant

Procedural Posture

Criminal Appeal / Final Judgment

Legal Issues

  1. 1 Whether the act constituted infanticide or child abandonment
  2. 2 Whether mitigating circumstances warranted further reduction of sentence

Ratio Decidendi

The act of throwing a newborn into a latrine with knowledge it was alive constitutes infanticide, not mere abandonment, as intent to kill was established. Applicant's difficult circumstances and admission of guilt justified further reduction of sentence.

Court Disposition

appeal allowed

Orders

  • Applicant sentenced to five years imprisonment
  • Prior judgment modified as to sentence