UBUSHINJACYAHA v. DUSABE

UBUSHINJACYAHA v. DUSABE

The law as amended by Article 2 of Law No. 059/2023 sets an absolute minimum sentence for drug trafficking offences punishable by life imprisonment, which cannot be reduced further for mitigating circumstances. The sentence imposed by the High Court is the minimum allowed, and the appeal for further reduction is...

Source-derived case information.

Citation
RPAA 00154/2024/CA
Parties
Applicant: Ubushinjacyaha; Respondent: Dusabe Jean Damascène
Court
Court of Appeal
Jurisdiction
Rwanda
Judgment Date
17 April 2025
Case Number
RPAA 00154/2024/CA
Procedural Posture
Criminal Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed; High Court judgment and sentence affirmed.
Legal Topics
Drug Trafficking, Sentencing, Mitigating Circumstances, Appeal Procedure
Source Language
rw
Criminal Law Drug Trafficking Sentencing Mitigating Circumstances Appeal Procedure

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Parties

Ubushinjacyaha

Applicant

Dusabe Jean Damascène

Respondent

Procedural Posture

Criminal Appeal / Court of Appeal Judgment

  1. 1 Whether the sentence imposed on Dusabe Jean Damascène for drug trafficking can be further reduced below the statutory minimum due to mitigating circumstances

Ratio Decidendi

The law as amended by Article 2 of Law No. 059/2023 sets an absolute minimum sentence for drug trafficking offences punishable by life imprisonment, which cannot be reduced further for mitigating circumstances. The sentence imposed by the High Court is the minimum allowed, and the appeal for further reduction is without merit.

Court Disposition

Appeal dismissed; High Court judgment and sentence affirmed.

Orders

  • The appeal by Dusabe Jean Damascène is dismissed as unfounded.
  • The High Court judgment of 28/02/2024 (RPA 01000/2020/HC/KIG) remains unchanged.