UBUSHINJACYAHA v. MBONIMPAYE
The court found no credible evidence that Mbonimpaye Nicodème was insane at the time of the offense, as there was no medical certificate or official testimony to that effect, and his conduct before, during, and after the crime indicated sanity. Therefore, he is criminally responsible for murder. The court also found that the damages previously awarded to the civil party were insufficient given the gravity of the harm and increased the amount accordingly.
- Citation
- RPA 0193/12/CS
- Parties
- Prosecution: Ubushinjacyaha; Accused: Mbonimpaye Nicodème; Civil Party: Niyonagira Euphrasie
- Court
- Supreme Court
- Jurisdiction
- Rwanda
- Judgment Date
- 22 July 2016
- Case Number
- RPA 0193/12/CS
- Procedural Posture
- Criminal Appeal / Supreme Court Final Judgment
- Outcome
- Appeal dismissed; conviction and sentence for murder upheld; damages increased.
- Legal Topics
- Murder, Criminal Responsibility, Mental Incapacity, Damages, Evidence
- Source Language
- en, rw
Case Brief
Summary, issues, holding and outcome
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Parties
Ubushinjacyaha
Prosecution
Mbonimpaye Nicodème
Accused
Niyonagira Euphrasie
Civil Party
Procedural Posture
Criminal Appeal / Supreme Court Final Judgment
Legal Issues
- 1 Whether Mbonimpaye Nicodème is criminally responsible for murder due to alleged mental illness at the time of the offense
- 2 Whether the damages awarded to the civil party should be increased
Ratio Decidendi
The court found no credible evidence that Mbonimpaye Nicodème was insane at the time of the offense, as there was no medical certificate or official testimony to that effect, and his conduct before, during, and after the crime indicated sanity. Therefore, he is criminally responsible for murder. The court also found that the damages previously awarded to the civil party were insufficient given the gravity of the harm and increased the amount accordingly.
Court Disposition
Appeal dismissed; conviction and sentence for murder upheld; damages increased.
Orders
- Mbonimpaye Nicodème to pay Niyonagira Euphrasie 2,078,000 Frw as damages and costs.
- Court fees to be borne by the State as the accused is incarcerated.
Full Case Text
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