UBUSHINJACYAHA v. NGEZENUBWO

Given the large quantity of cannabis, defendant's own admissions, and corroborating witness testimony, the conviction for trafficking stands. Mitigating circumstances (first offense, disability) justify reducing the sentence to the statutory minimum of 15 years imprisonment and a fine of 5,000,000 FRW, but not below that. Suspension of the fine is denied due to the gravity of the offense.

Citation: RPAA 00809/2024/CA
Parties: Prosecution: Ubushinjacyaha; Defendant: Ngezenubwo Dany
Court: Court of Appeal
Jurisdiction: Rwanda
Judgment Date: 27 March 2025
Case Number: RPAA 00809/2024/CA
Procedural Posture: Criminal Appeal / Court of Appeal Final Judgment
Outcome: Appeal dismissed in part, sentence varied
Legal Topics: Drug Trafficking, Sentencing, Mitigating Circumstances, Appeal Procedure
Source Language: rw

Criminal Law Drug Trafficking Sentencing Mitigating Circumstances Appeal Procedure

Case Brief

Summary, issues, holding and outcome

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Full judgment text Legal principles 3 Authorities cited 12 Party arguments 2 Amounts and remedies 4

Parties

Ubushinjacyaha

Prosecution

Ngezenubwo Dany

Defendant

Procedural Posture

Criminal Appeal / Court of Appeal Final Judgment

Legal Issues

1 Whether the conviction should be for drug trafficking or mere possession
2 Whether sentence and fine should be reduced or suspended

Ratio Decidendi

Court Disposition

Appeal dismissed in part, sentence varied

Orders

Conviction for drug trafficking affirmed
Sentence reduced to 15 years imprisonment and a fine of 5,000,000 FRW