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The 15-year sentence imposed on Nsanzimfura Jean Paul is the minimum allowed by law for defilement of a child under 14 with mitigating circumstances, and no legal or factual basis exists for further reduction; therefore, the appeal is dismissed and the sentence is upheld.
Source excerpt
The Court held that the testimony of Mukamukama Béatrice does not constitute new evidence within the meaning of Article 197, as the issue of Maman Queen was already raised and litigated in previous proceedings, and the testimony lacks the decisive character required to overturn the prior judgment. Therefore, the application for review is inadmissible.
Source excerpt
The appeal was dismissed because Mukandamage's own admissions and corroborating evidence established drug trafficking, not mere possession. The sentence of 15 years' imprisonment was lawfully imposed considering mitigating circumstances, but could not be suspended as it exceeded five years. The court found no error in the lower court's judgment or sentence.
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The appellate court held that the appellant's confession during investigation, corroborated by evidence, established her guilt for trafficking and selling cannabis. Her subsequent denial in court did not outweigh the probative value of her earlier statements. The court found no basis to reclassify the offence or further reduce the sentence, as the lower court had already applied mitigating circumstances appropriately. The appeal was dismissed and the prior judgment affirmed.
Source excerpt
The minimum sentence for defilement followed by cohabitation with a minor, where mitigating circumstances are present, is 15 years' imprisonment. Since Niragire Jean Paul had already received this minimum, the sentence could not be further reduced or suspended. No error was found in the lower court's application of the law.
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The Court of Appeal dismissed Ndayisenga Samuel’s appeal, holding that 15 years’ imprisonment was already the statutory minimum and could not be reduced further.
The Court of Appeal held that a written witness statement created after the prior judgment was not new evidence and rejected the revision application.
The Court of Appeal upheld a 15-year prison term and fine for cannabis trafficking, holding that this was the minimum sentence allowed after mitigating factors.
The appeal was dismissed because the statutory minimum sentence for the offence, after mitigation, is fifteen years' imprisonment and a fine of five million Rwandan francs, and further reduction or suspension is not permitted by law.
Source excerpt
The Court of Appeal reduced BIZIMANA Emmanuel’s sentence for cannabis վաճառ? to 15 years’ imprisonment and a 5,000,000 Frw fine, finding further reduction was justified.
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