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Rwanda decisions
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The Court found that Nsengiyumva Cassien intentionally struck his pregnant wife in the head with a heavy stick, causing fatal brain injuries, as corroborated by multiple witnesses and medical evidence. His partial and inconsistent admission did not meet the standard for mitigation, and the crime was committed with extreme cruelty. Therefore, the conviction for murder and the life sentence were upheld.
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The appellate court held that the sentence imposed by the High Court (15 years imprisonment and a fine of 5,000,000 Frw) is the minimum permitted under the current law for the offense of trafficking cannabis, given the mitigating circumstances. Further reduction is not allowed, and prior precedents under repealed law cannot override the statutory minimum now in force.
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The appeal was dismissed because the High Court had already lawfully reduced the sentence to the minimum allowed by law, and there was no evidence of misapplication of the law or improper exercise of discretion by the lower court. The mitigating factors cited by the appellant were either not raised previously or insufficient to warrant further reduction or suspension of the sentence.
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The Court of Appeal held that Habimana Hassan’s cross-appeal on unlawful dismissal was inadmissible, but upheld salary arrears and interest due under the employment contract.
The Court of Appeal held that Niyonizera Antoine’s 15-year sentence for defilement followed by cohabitation with a minor could not be reduced further.
The appellate court found that the confession made by Sinkuriryayo Steven before the prosecution was credible and consistent with the facts, and there was no evidence of coercion. The large quantity of drugs (3000 packages) justified the conviction for trafficking rather than mere possession. However, considering it was his first offense and for proportionality with similar cases, the sentence was reduced from life imprisonment to 25 years' imprisonment and a fine of 5,000,000 Frw.
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Confessions made during investigation retain evidentiary value unless credible evidence of duress is provided. The appellant's detailed confession and corroborating evidence support conviction for drug trafficking. Sentence reduction to 15 years is the statutory minimum for first-time offenders.
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The Court of Appeal upheld a 15-year prison sentence and 5,000,000 Frw fine for cannabis trafficking, holding no further reduction was lawful after mitigation.
Muragijimana Eric is not criminally responsible for defilement of a minor because credible medical evidence and corroborating investigation established he suffered from a mental illness depriving him of understanding and self-control at the time of the offense, thus the life imprisonment sentence is set aside and he is to be placed under medical care.
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