The prosecution has requested the Nyarugenge Intermediate Courtroom to condemn Arnaud Shema de Bosscher, popularly often called DJ Toxxyk, to 5 years in jail and impose a advantageous of Rwf 2.21 million, arguing that the sentence handed down by the decrease court docket on Could 4 was too lenient contemplating the gravity and penalties of the crimes he dedicated.
The court docket on Friday, Could 15, began listening to the enchantment case involving DJ Toxxyk, who was discovered responsible on 4 costs associated to a deadly highway accident and drug-related offences.
The costs embody involuntary manslaughter, drug-related offences, fleeing the scene after inflicting an accident, and refusing to undergo a breathalyzer check.
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The enchantment was filed by the prosecution, which is difficult the sentence handed down by Nyarugenge Major Courtroom, which ordered DJ Toxxyk to pay a advantageous of Rwf1,050,000 and carry out three months of neighborhood service, suspended for six months.
Why prosecution appealed
The case stems from a deadly highway accident that occurred within the early hours of December 20, 2025, alongside Sopetrade Street in Kigali, the place DJ Toxxyk allegedly struck and killed Police Constable Fred Mushabe, who was directing site visitors on the time.
Throughout the enchantment listening to on Friday, the prosecutor argued that the penalties imposed by the first court docket commensurate with the seriousness of the crimes, particularly provided that the site visitors incident led to the demise of a police officer on obligation.
In accordance with the prosecutor, the decrease court docket targeted closely on the defendant’s conduct after the incident, together with admitting to the crimes and exhibiting regret.
“The court docket didn’t correctly take into account the gravity of the crimes, the results they precipitated, and the way wherein they had been dedicated,” the prosecutor argued.
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The prosecutor mentioned the court docket failed to use Article 49 of the Penal Process Code, which requires judges to find out sentences primarily based on the gravity of the offence, its penalties, and the motives behind it.
She highlighted that the crimes had extreme penalties as a result of they resulted in lack of life and concerned a police officer finishing up his duties.
The prosecutor additionally maintained that the sentence failed to satisfy the aims of punishment beneath the regulation, together with educating offenders and deterring others from committing related crimes.
“We consider the penalties of fines and suspended neighborhood service are too lenient in comparison with the impression of the crimes dedicated,” prosecutor submitted.
The prosecution facet additionally instructed the court docket that DJ Toxxyk’s conduct earlier than the incident ought to have been thought-about, arguing that proof introduced within the main court docket confirmed he had come from a bar earlier than the crash and that medication had been later discovered at his residence.
“All these parts reveal conduct that ought to have been thought-about by the court docket when figuring out the sentence,” the prosecutors argued.
They insisted {that a} jail sentence of 5 years and a advantageous of Rwf2.21 million can be proportional to the seriousness of the offences and function a lesson to others.
Defence rejects prosecution claims
DJ Toxxyk, nevertheless, instructed the court docket that he regretted the offences dedicated and believed the sentence handed down by the decrease court docket was applicable and inside the limits of the regulation.
Certainly one of his attorneys, Marie Josée Uwamahoro, argued that the prosecution facet had did not reveal any authorized flaws within the judgment issued by the first court docket.
She mentioned all of the penalties imposed had been supplied for beneath the regulation and famous that judges have discretion to impose sentences relying on the circumstances of a case.
She identified that, for involuntary manslaughter, DJ Toxxyk was fined Rwf1 million in accordance with the regulation. For fleeing the scene after inflicting an accident, he was fined Rwf30,000, whereas refusing to endure a breathalyzer check attracted a advantageous of Rwf20,000. He was additionally sentenced to neighborhood service for drug-related offences.
Uwamahoro cited the prison process code, arguing that an enchantment should clearly reveal flaws within the earlier judgment, which she mentioned the prosecution had did not do.
She additionally referred to jurisprudence from greater courts indicating that judges are allowed to impose lighter sentences than these requested by prosecutors when circumstances justify it.
In accordance with the defence, Nyarugenge Major Courtroom thought-about a number of mitigating elements, together with that DJ Toxxyk was a first-time offender and had proven real regret in the course of the trial.
The defence additionally rejected the argument that his presence at a bar earlier than the accident ought to routinely be interpreted as proof of unhealthy conduct, saying that the character of his work as a DJ requires him to be in such locations.
The attorneys additional contended that the truth that the sufferer was a police officer shouldn’t, by itself, justify a harsher sentence. They argued that the regulation doesn’t present for various penalties primarily based on the sufferer’s occupation.
They added that DJ Toxxyk shouldn’t be handled for example in a singular case similar to this and maintained that judges have discretion to cut back sentences beneath the prosecutors' request.
Faustin Murangwa, one other defence lawyer, maintained that the case issues involuntary manslaughter and never intentional murder.
“What occurred was an accident,” Murangwa instructed the court docket, including that the prosecution seemed to be treating the case as if it concerned a premeditated killing.
After listening to arguments from each side, the court docket introduced that its determination will likely be delivered on Could 22.
