UBUSHINJACYAHA v KANKINDI

UBUSHINJACYAHA v KANKINDI

The court held that Kankindi Joselyne's actions—transporting the victim from Burundi through Rwanda to Uganda for the purpose of handing her over for exploitation—constituted the crime of human trafficking. The victim's consent or awareness was irrelevant due to the deceptive methods used. The evidence, including statements and corroborating testimony, established the elements of trafficking, justifying the conviction and sentence imposed by the lower court.

Citation
RPA 00016/2019/CA
Parties
Prosecution: Ubushinjacyaha; Appellant/accused: Kankindi Joselyne
Court
Court of Appeal
Jurisdiction
Rwanda
Judgment Date
23 October 2020
Case Number
RPA 00016/2019/CA
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
Appeal dismissed; conviction and sentence affirmed.
Legal Topics
Trafficking in Persons, Elements of Trafficking, Consent of Victim, Sentencing, Appeal Procedure
Source Language
rw
Criminal Law Human Trafficking Trafficking in Persons Elements of Trafficking Consent of Victim Sentencing Appeal Procedure

Case Brief

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Parties

Ubushinjacyaha

Prosecution

Kankindi Joselyne

Appellant/accused

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether Kankindi Joselyne committed the crime of human trafficking
  2. 2 Whether the conviction was based on contradictory or unclear testimony
  3. 3 Whether the evidence supported a conviction for trafficking rather than attempted trafficking

Ratio Decidendi

The court held that Kankindi Joselyne's actions—transporting the victim from Burundi through Rwanda to Uganda for the purpose of handing her over for exploitation—constituted the crime of human trafficking. The victim's consent or awareness was irrelevant due to the deceptive methods used. The evidence, including statements and corroborating testimony, established the elements of trafficking, justifying the conviction and sentence imposed by the lower court.

Court Disposition

Appeal dismissed; conviction and sentence affirmed.

Orders

  • The judgment of the High Court (RP 00030/2018/HC/HCCIC of 14/11/2018) is upheld.
  • Court costs are to be borne by the State.