UBUSHINJACYAHA v. HAKIZIMANA

UBUSHINJACYAHA v. HAKIZIMANA

The Court held that the 15-year prison term and 5,000,000 Frw fine imposed by the High Court were already the lowest legally permissible sentence for the offence after mitigation, so the appeal seeking further reduction had no merit.

Source-derived case information.

Parties
Uriregere/corresponding Party: Ubushinjacyaha; Uregwa/ujurira: Hakizimana Domicien
Jurisdiction
Rwanda
Procedural Posture
Criminal Appeal / Urukiko Rw’ubujurire
Outcome
Appeal dismissed as unfounded.
Legal Topics
Mitigating Circumstances, Sentence Reduction, Trafficking in Narcotic Drugs, Appeal Against Sentence
Source Language
rw
Criminal Law Drug Offences Sentencing Mitigating Circumstances Sentence Reduction Trafficking in Narcotic Drugs Appeal Against Sentence

Source-derived case record

Summary, issues, holding and outcome

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Parties

Ubushinjacyaha

Uriregere/corresponding Party

Hakizimana Domicien

Uregwa/ujurira

Procedural Posture

Criminal Appeal / Urukiko Rw’ubujurire

  1. 1 Whether the sentence imposed after mitigation was the minimum possible under Article 2 of Law Nº 059/2023 amending Law Nº 68/2018.
  2. 2 Whether the appellant’s personal mitigating factors justified further reduction of the sentence below 15 years and the fine of 5,000,000 Frw.

Ratio Decidendi

The Court held that the 15-year prison term and 5,000,000 Frw fine imposed by the High Court were already the lowest legally permissible sentence for the offence after mitigation, so the appeal seeking further reduction had no merit.

Court Disposition

Appeal dismissed as unfounded.

Orders

  • The appeal of Hakizimana Domicien is without merit.
  • The judgment of the High Court, Rusizi Chamber, in RPA00471/2021/HC/RSZ of 28/02/2024 is upheld in all respects.