IMIRONGO CoA - No 24 - Febuary - 2025

IMIRONGO CoA - No 24 - Febuary - 2025

The core binding principles are: (1) appellate courts must show, at least implicitly, that all material arguments and evidence were considered, but need not address each individually; (2) sentences cannot be increased on appeal if only the defendant appeals; (3) conspiracy to commit genocide is treated as genocide...

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Parties
Compilation of Appellate Judgments and Legal Principles: IMIRONGO Court of Appeal Precedents (No 24, February 2025)
Court
Court of Appeal
Jurisdiction
Rwanda
Judgment Date
2 April 2025
Procedural Posture
Appellate Digest / Precedents Compendium / Final Appellate Review and Summary
Legal Topics
Appeals, Sentencing, Evidence, Genocide, Terrorism, Drug Offenses, Child Protection, Contract Law, Employment Law, Tort Law, Arbitration, Limitation Periods, Procedural Irregularities, Human Trafficking, Torture, Mitigating and Aggravating Circumstances, Withdrawal of Appeal, Burden of Proof, Filiation, Restitution and Damages
Source Language
rw
Criminal Law Civil Law Commercial Law Family Law Labour Law Evidence Law Procedural Law Appeals +19 more

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Parties

IMIRONGO Court of Appeal Precedents (No 24, February 2025)

Compilation of Appellate Judgments and Legal Principles

Procedural Posture

Appellate Digest / Precedents Compendium / Final Appellate Review and Summary

Legal Issues

  1. 1 Whether appellate courts must expressly address every piece of evidence or argument presented
  2. 2 Limits on increasing sentences on appeal when only the defendant appeals
  3. 3 Definition and elements of genocide and conspiracy to commit genocide

Ratio Decidendi

The core binding principles are: (1) appellate courts must show, at least implicitly, that all material arguments and evidence were considered, but need not address each individually; (2) sentences cannot be increased on appeal if only the defendant appeals; (3) conspiracy to commit genocide is treated as genocide for intent and punishment; (4) accomplice liability in genocide does not require intent to destroy the group, only knowing assistance; (5) attempt liability does not apply to terrorist group membership; (6) new evidence for retrial must be truly new and material; (7) only parents or legal guardians can be charged with child abandonment; (8) contract breach entitles the other...