The Court of Appeal rejected provocation, reclassified the offence to intentional assault causing pain, and reduced the sentence under the newer, lighter law.
The Court of Appeal changed the conviction from causing death by assault to intentional assault or battery, reduced the sentence to 3 years and RWF 300,000, and ordered release.
The Court of Appeal rejected a provocation claim, held that Hakiziyaremye intentionally injured Kimasa Robert, and reduced the sentence under a later, lighter law.
The appeal was dismissed because the court found no material defects in the evidence relied upon by the lower courts. The hearsay evidence was corroborated by the medical report, which showed signs consistent with sexual assault. The absence of semen did not undermine the conviction, as the totality of evidence, including the child's testimony and supporting witnesses, was sufficient. The appellant failed to rebut the medical findings or provide a plausible alternative explanation. The conviction and sentence were upheld.
The Court of Appeal upheld a conviction but reduced the sentence, holding that appellate-stage admission of guilt did not justify mitigation, though the punishment could match the offence's gravity.
The charge was changed to intentional assault because the medical report established the victim died of tuberculosis, not from the assault. The accused was sentenced to three years' imprisonment and a fine of 300,000 FRW, as he did not unequivocally admit guilt before the first instance court and the circumstances did not warrant further mitigation.
The court found that Gatete Wellars's actions—using a rope to strangle his elderly mother in the neck while uttering threats to kill—constituted attempted murder, not mere assault. However, due to the absence of serious consequences and the victim's request for leniency, the sentence was reduced to twelve years and six months imprisonment.