UBUSHINJACYAHA v. HABIMANA N’UNDI

UBUSHINJACYAHA v. HABIMANA N’UNDI

The court held that Niyibizi François alias Eric was properly convicted of drug trafficking, not attempt, as he had agreed on price and was ready to deliver the drugs. Habimana Jean de Dieu was found to be an accomplice to drug trafficking, not merely in possession, as he knowingly transported the drugs for sale. The minimum sentence had already been applied and could not be further reduced or suspended by law.

Citation
RPAA00028/2024/CA
Parties
Prosecution: Ubushinjacyaha; Appellant/accused: Niyibizi François alias Eric; Appellant/accused: Habimana Jean de Dieu; Civil Claimant: Jyamubandi Pierre
Court
Court of Appeal
Jurisdiction
Rwanda
Judgment Date
28 March 2025
Case Number
RPAA00028/2024/CA
Procedural Posture
Criminal Appeal / Final Appellate Judgment
Outcome
appeal dismissed in its entirety, with minor modification to offence description for Habimana Jean de Dieu
Legal Topics
Drug Trafficking, Accomplice Liability, Sentencing, Appeal Procedure
Source Language
rw
Criminal Law Drug Trafficking Accomplice Liability Sentencing Appeal Procedure

Case Brief

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Parties

Ubushinjacyaha

Prosecution

Niyibizi François alias Eric

Appellant/accused

Habimana Jean de Dieu

Appellant/accused

Jyamubandi Pierre

Civil Claimant

Procedural Posture

Criminal Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether the offence description for each appellant should be changed (from drug trafficking to attempt, and from transportation to possession)
  2. 2 Whether the sentences should be further reduced or suspended

Ratio Decidendi

The court held that Niyibizi François alias Eric was properly convicted of drug trafficking, not attempt, as he had agreed on price and was ready to deliver the drugs. Habimana Jean de Dieu was found to be an accomplice to drug trafficking, not merely in possession, as he knowingly transported the drugs for sale. The minimum sentence had already been applied and could not be further reduced or suspended by law.

Court Disposition

appeal dismissed in its entirety, with minor modification to offence description for Habimana Jean de Dieu

Orders

  • Conviction of Niyibizi François alias Eric for drug trafficking upheld.
  • Conviction of Habimana Jean de Dieu modified to accomplice in drug trafficking.