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Rwanda Case Law

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Criminal law RPAA 00048/2020/CA

UBUSHINJACYAHA v. BIMENYIMANA

The Court of Appeal held that a first confession made only at the appellate stage is not a mitigating circumstance. The life sentence was affirmed.

  • Mitigating circumstances
  • Confession
  • Timing of plea
  • Aggravating circumstances
  • Sentencing
  • Jurisdiction of appellate courts
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Criminal law RPAA 00048/2020/CA

UBUSHINJACYAHA v BIMENYIMANA

Admission of guilt for the first time at the appellate stage cannot be considered a mitigating circumstance under Article 59 of Law No 68/2018 as amended, which requires such admission before prosecution or at the beginning of trial at first instance. The appellate court lacks jurisdiction to consider new admissions of guilt, and the sentence of life imprisonment for the defendant stands.

  • Mitigating circumstances
  • Admission of guilt
  • Timing of plea
  • Sentencing
  • Jurisdiction of appellate court
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