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Evidence established intent to kill through repeated blows and motive, qualifying the act as parricide. Previous judgments were invalid due to lack of jurisdiction. The trial must commence anew in the competent court.
Source excerpt
The act of beating the deceased on the head with a plank, resulting in her death, demonstrates intent to kill, qualifying the offence as parricide. The judge has the right and duty to reclassify the offence, and the previous judgments are nullified for lack of jurisdiction. The competent court to try the case at first instance is the Intermediate Court of Rusizi.
Source excerpt
The medical report and witness statements established that the deceased died as a result of being beaten with a plank on the head by her son, Uwamurengeye Venant. The nature and location of the injuries demonstrated intent to kill, qualifying the offence as parricide. The reclassification of the offence is both a right and a duty of the judge. The previous judgments were rendered by courts lacking jurisdiction for parricide, and must be nullified. The case must be retried at first instance in the Intermediate Court of Rusizi.
Source excerpt
The Supreme Court held that despite Ntakiyimana's eventual admission of guilt, the gravity and premeditation of the crime, as well as his initial denial, justified denying further sentence reduction.
Source excerpt
The Supreme Court dismissed a parricide appeal, holding that a guilty plea does not automatically require penalty reduction because the court retains discretion.
The court held that despite the guilty plea, the circumstances and wickedness of the offence, including premeditation and brutality, render Ntakiyimana unworthy of penalty reduction. Judicial discretion permits denial of reduction even after a guilty plea.
Source excerpt
The High Court convicted Mpozayo Aloys alias Rukara of murdering his father, but reduced the sentence because he confessed, apologised, and had no prior convictions.
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