Rwanda Case Law

UBUSHINJACYAHA v MERERWANEZA

Court

Court of Appeal

Case number

RPAA00042/2020/CA

The Court held that the offence of defilement was completed on 02/08/2018 and thus was not a continuing offence. The applicable law for sentencing is Law Nº 68/2018 of 30/08/2018, as it provides for a lesser penalty than the previous law. The Court found that the initial sentence of 20 years was excessive given the defendant's admission of guilt, youth, lack of parental guidance, and the victim's parents' complicity. The sentence was reduced to 10 years' imprisonment.

Source excerpt

• Defilement of a minor
• Sentencing
• Retroactive application of criminal law
• Mitigating circumstances

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UBUSHINJACYAHA V. MUTABARUKA

Court

Supreme Court

Case number

RPA 0088/ 10/CS

The Supreme Court upheld Mutabaruka’s convictions for assault and aggravated theft, but reduced the sentence from 10 years to 7 years under the lighter later law.

• Retroactive application of criminal law
• Aggravated theft
• Assault and battery
• Concurrent offences
• Burden of proof
• Sentencing

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