The Court of Appeal upheld a 20-year sentence for child defilement, holding that minor timing discrepancies and the accused’s alibi evidence did not displace the prosecution case.
The Court of Appeal upheld Mugabo Faustin’s conviction for defilement, but reduced his sentence from life imprisonment to 14 years for proportionality.
The appellant's admission of guilt was neither timely nor unequivocal, and the crime was committed with extreme cruelty, so mitigation of sentence is not warranted under Rwandan law. The original sentence of life imprisonment stands.
The appellate court found that the conviction was supported by credible and corroborated evidence, including witness testimonies and a medical report, and that the defendant failed to provide convincing rebuttal. The court held that the lower court did not err in its assessment of the evidence or in convicting the defendant.
The court found that only admissions of guilt made unequivocally and at the proper procedural stage could justify sentence reduction. For Mukeshimana Rehema, mitigating factors warranted a reduced sentence. For Habanabashaka Emmanuel and Nsabimana Onesphore, partial admissions and the scale of the offence led to differentiated sentences. Mbazumutima Moussa's conviction was upheld based on corroborated testimony and evidence, but his sentence was reduced due to mitigating factors.
The Court of Appeal held that Imanishimwe Mutoni’s sentence had already been sufficiently reduced and dismissed the appeal, leaving the 16-year term and 6,000,000 Frw fine in place.