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Rwanda decisions
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The Court of Appeal upheld Niyoniringiye’s conviction for possessing and storing cannabis, finding 74 packets indicated intent to distribute and no basis for further sentence reduction.
The Court of Appeal further reduced Bibutsuhoze Kayitare’s sentence for drug trafficking, but kept the mandatory fine because the statute did not allow waiver.
The appeal was dismissed because the sentence imposed (15 years imprisonment and a fine of 5,000,000 Frw) is the minimum allowed by law for the offense of trafficking and selling cannabis, and cannot be further reduced regardless of mitigating circumstances.
Source excerpt
The Court of Appeal held that a criminal appeal can be withdrawn only by the appellant personally, not by counsel, and dismissed the appeal for non-attendance.
The Court of Appeal held that Kamatari Jean was not criminally responsible because a mental disorder deprived him of the ability to understand or control his acts.
The Court of Appeal dismissed Gasangwa’s appeal and upheld his conviction for defiling a 12-year-old child, finding the evidence credible and sufficient.
The Court of Appeal upheld Habaguhirwa Simon’s conviction for defilement of a 14-year-old girl, but reduced his sentence from 22 to 17 years.
The Court of Appeal held that Gahirwa Eric was not entitled to a further sentence reduction after already receiving sufficient mitigation for cannabis trafficking.
The court held that the absence of a buyer or direct evidence of sale does not preclude a conviction for drug trafficking where the accused is found with a significant quantity of drugs and circumstances indicate readiness to sell. The appellant's explanations were unconvincing, and the evidence supported the trafficking conviction.
Source excerpt
The Court of Appeal held that a unilateral application may only be used where there is no dispute, and set aside judgments based on an irregular filing.
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