UBUSHINJACYAHA vs. MUBERUKA

UBUSHINJACYAHA vs. MUBERUKA

The Supreme Court held that since the mitigating factors presented by Muberuka Gratien had already been considered by the High Court, and no new grounds were presented, there was no basis for further reduction of sentence. The appeal was therefore dismissed.

Citation
RPA A 0083/12/CS
Parties
Prosecution: Ubushinjacyaha; Accused: Muberuka Gratien
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
17 June 2016
Case Number
RPA A 0083/12/CS
Procedural Posture
Criminal Appeal / Final Appellate Judgment (supreme Court)
Outcome
appeal dismissed
Legal Topics
Sentencing, Mitigation of Sentence, Sexual Offences Against Minors, Appeals Procedure
Source Language
rw
Criminal Law Child Protection Sentencing Mitigation of Sentence Sexual Offences Against Minors Appeals Procedure

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Parties

Ubushinjacyaha

Prosecution

Muberuka Gratien

Accused

Procedural Posture

Criminal Appeal / Final Appellate Judgment (supreme Court)

Legal Issues

  1. 1 Whether Muberuka Gratien is entitled to a further reduction of sentence on appeal based on continued admission of guilt and request for leniency

Ratio Decidendi

The Supreme Court held that since the mitigating factors presented by Muberuka Gratien had already been considered by the High Court, and no new grounds were presented, there was no basis for further reduction of sentence. The appeal was therefore dismissed.

Court Disposition

appeal dismissed

Orders

  • The judgment of the High Court (RPA 0040/11/HC/RWG) is upheld.
  • Court costs are to be borne by the State treasury as the appellant is incarcerated.