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The court found that Ndabazi Evariste intentionally killed his wife by striking her on the head with a hoe, a deadly weapon, resulting in her death the next day. There was no credible evidence of provocation, and the gravity and brutality of the offence justified upholding the life sentence. The appeal lacked merit and the conviction and sentence were affirmed.
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The acts of Habiyakare Jean-Paul, specifically striking the victim with a stone on the head, constitute murder due to the deadly nature of the weapon and the vital area targeted, regardless of whether the victim died immediately. However, due to his age (19) and being a first-time offender, these are accepted as mitigating circumstances warranting a reduction of the sentence from life imprisonment to 25 years.
Source excerpt
The court found that Habiyakare Jean-Paul intentionally killed the victim using a deadly object (stone) to the head, constituting murder under the law. However, considering he was a first-time offender and only 19 years old at the time, the sentence was reduced from life imprisonment to 25 years.
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The Court of Appeal upheld a 15-year sentence and fine for assault causing death, holding that the offender’s admission of guilt did not justify further reduction.
The court found that Bakomeza Samuel acted with intent to kill Batema Innocent, as shown by the sequence of events, witness statements, and medical evidence of severe head injuries inconsistent with an accident. His inconsistent admissions did not demonstrate genuine remorse or truthfulness, and thus did not justify mitigation. The conviction for murder and life imprisonment was upheld.
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The respondent's act of repeatedly striking his father with a stick on vital body parts constituted murder, not merely assault causing death, as the weapon and manner of attack showed sufficient intent. There was no credible evidence of provocation or other mitigating factors. The sentence imposed by the lower court stands as the prosecution did not appeal for a harsher penalty.
Source excerpt
The court found that the medical report confirmed death by violent trauma (beating with a stick), and that multiple witnesses, including family and community members, credibly testified that Musabende Claudine beat her husband, after which she fled. The court rejected the appellant's arguments as unsubstantiated and upheld the conviction and sentence.
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