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Rwanda decisions
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The Court of Appeal held that Uwayezu Emmanuel was not criminally responsible for attempted murder because expert evidence showed schizophrenia affecting his mental capacity.
The Court of Appeal found no proof beyond reasonable doubt that Nshimirimana Emmanuel trafficked cannabis, allowed the appeal, quashed the conviction, and ordered his release.
The Court of Appeal dismissed the accused’s appeal, upheld his conviction for drug possession, and held that related witnesses’ testimony may be relied on if assessed by the court.
The Court of Appeal dismissed a defendant’s bid for a lower sentence, holding that the 15-year prison term and RWF 5 million fine were the statutory minimums.
The Court of Appeal found that the testimonies of the victim and witness were consistent and corroborated by the medical report, which showed physical signs of sexual assault. The defense’s alternative explanations were unsupported and contradicted by the evidence. The court held that the conviction was based on reliable, corroborated evidence and that the sentence imposed was appropriate given the gravity of the offence.
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The Court of Appeal dismissed Ndwaniye Damascène’s challenge to his 15-year sentence for defilement of a minor, holding the conviction was supported by evidence.
Confessions made by Nsengiyaremye during investigation, corroborated by witness testimony and local administrative reports, constitute sufficient evidence for conviction; absence of medical evidence does not negate the offence given detailed confession and supporting evidence.
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The appellate court found that the lower court erred by failing to properly assess evidence of provocation and exculpatory witness statements. It held that the defendant acted under provocation, which legally reduces the sentence for murder from 25 years to 5 years imprisonment under the relevant statute.
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The appellate court found that Mukashyaka Divine's conviction for trafficking in narcotics was supported by her repeated confessions and corroborating witness and documentary evidence. The sentence of 15 years' imprisonment and a fine of 5,000,000 RWF was the minimum allowed by law after mitigation and could not be further reduced. Suspension of the sentence was not available as the custodial term exceeded five years and no evidence of dependent children was provided.
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The Court of Appeal held that a life sentence reduced for mitigating circumstances cannot go below 15 years, so the appeal against sentence was dismissed.
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