UBUSHINJACYAHA v MANZI

UBUSHINJACYAHA v MANZI

The court found that the evidence, including the quantity of cannabis, the accused's own statements about buying and reselling at a profit, and corroborating witness and police testimony, established trafficking rather than mere consumption. However, considering the relatively small quantity, first-time offender status, and lack of aggravating circumstances, the sentence was reduced to 15 years imprisonment and a fine of 5,000,000 Frw.

Citation
RPAA 00114/2023/CA
Parties
Prosecution: Ubushinjacyaha; Appellant/accused: MANZI Godefrey
Court
Court of Appeal
Jurisdiction
Rwanda
Judgment Date
20 December 2024
Case Number
RPAA 00114/2023/CA
Procedural Posture
Criminal Appeal / Court of Appeal Final Judgment
Outcome
Appeal dismissed in substance; sentence varied
Legal Topics
Drug Trafficking, Drug Possession, Assessment of Evidence, Witness Credibility, Sentencing
Source Language
rw
Criminal Law Evidence Law Drug Trafficking Drug Possession Assessment of Evidence Witness Credibility Sentencing

Case Brief

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Parties

Ubushinjacyaha

Prosecution

MANZI Godefrey

Appellant/accused

Procedural Posture

Criminal Appeal / Court of Appeal Final Judgment

Legal Issues

  1. 1 Whether the conviction for drug trafficking should be altered to simple drug possession
  2. 2 Whether the evidence supports a conviction for trafficking rather than consumption
  3. 3 Whether the sentence imposed was proportionate

Ratio Decidendi

The court found that the evidence, including the quantity of cannabis, the accused's own statements about buying and reselling at a profit, and corroborating witness and police testimony, established trafficking rather than mere consumption. However, considering the relatively small quantity, first-time offender status, and lack of aggravating circumstances, the sentence was reduced to 15 years imprisonment and a fine of 5,000,000 Frw.

Court Disposition

Appeal dismissed in substance; sentence varied

Orders

  • Conviction for drug trafficking upheld
  • Sentence reduced to 15 years imprisonment and a fine of 5,000,000 Frw