Rwanda Case Law

UBUSHINJACAYHA vs. MUKARUYANGE N’UNDI

Court

Supreme Court

Case number

RS/INJUST/PEN 00004/2017/SC

The Supreme Court found that Mukaruyange Athanasie was not proven to have been complicit in the burglary itself, as there was insufficient, consistent, and corroborated evidence of her active participation. However, the Court held that evidence (including confessions and corroborating witness statements) established beyond reasonable doubt that she concealed both the proceeds of the crime and the offender, Habumugisha Butoyi, after the offense. The conviction for complicity was quashed, but the conviction and sentence for concealment offenses were upheld.

Source excerpt

• Complicity
• Accessory after the fact
• Concealment of proceeds of crime
• Procedural fairness
• Requalification of charges
• Damages

Read case analysis

UBUSHINJACYAHA v. MUKARUYANGE

Court

Supreme Court

Case number

RPAA 0001/14/CS

The Supreme Court held that a judge may recharacterize charges, but the accused must be allowed to respond. Mukaruyange was acquitted of accessory theft, but her concealment convictions were upheld.

• Change of charge qualification
• Accessory liability
• Concealment of proceeds of crime
• Right to defense
• Evidentiary standards
• Criminal-law

Read case analysis