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Rwanda decisions
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The appellate court held that the sentence of 15 years imprisonment and a RWF 5,000,000 fine is the minimum permissible under the law for drug trafficking with mitigating circumstances, and cannot be further reduced or suspended. The appellant's arguments for further reduction or waiver of the fine lack legal basis.
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The Court of Appeal held that a life sentence for intentional homicide may be reduced for mitigating circumstances, but not below 15 years.
The Court of Appeal varied the sentence only, reducing Mbarushimana Isaac’s punishment for defilement of a child from life imprisonment to 17 years.
The sentence of 15 years' imprisonment and a fine of 5,000,000 RWF imposed on Bikorimana Emmanuel alias Rusake is the minimum permitted by the current law for drug trafficking and cannot be further reduced, as the legal provisions and jurisprudence previously allowing further reduction have been repealed or amended.
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The Court of Appeal held that the sentence imposed by the High Court (15 years imprisonment and RWF 5,100,000 fine) is the minimum allowed by the current statute for drug trafficking, and cannot be further reduced based on mitigating circumstances. Previous jurisprudence allowing greater reductions is no longer applicable due to statutory amendment.
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Applicant is entitled to economic loss and professional impairment damages based on permanent disability (60%), regardless of continued employment, as statutory and case law require compensation proportional to impairment and its impact on earning capacity and professional advancement.
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The Court of Appeal held that a life sentence for intentional homicide may be reduced for mitigating circumstances, but not below 15 years.
The Court of Appeal held that criminal proceedings were extinguished because the accused died after filing the appeal, so it only noted extinction of the action.
The law as amended by Article 2 of Law No. 059/2023 sets an absolute minimum sentence for drug trafficking offences punishable by life imprisonment, which cannot be reduced further for mitigating circumstances. The sentence imposed by the High Court is the minimum allowed, and the appeal for further reduction is without merit.
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The Court of Appeal dismissed a second appeal by SHALOM METAL SUPPLY LTD, holding it had no jurisdiction because the alleged conciliation defect did not prove lack of jurisdiction.
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