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Rwanda decisions
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The Court of Appeal upheld an auction sale, holding that APEX BIOTECH LTD had been properly served with auction documents through authorized persons and company emails.
The appeal was dismissed because the evidence from multiple witnesses, the victim, and documentary proof (medical and birth records) consistently established that Murerakure Jeannette knowingly allowed the sexual exploitation of a minor in her residence. The court found no merit in the appellant's arguments regarding the credibility of witnesses or the minor's age. However, considering mitigating factors such as being a first-time offender and her age, the sentence was reduced from 20 to 15 years' imprisonment.
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The Court of Appeal dismissed the appeal and upheld a 15-year prison term and RWF 5,000,000 fine for drug-related offences, finding no basis for further mitigation.
The appellant's confession during investigation and prosecution, corroborated by witness testimony, established beyond doubt that he was trafficking cannabis. Retraction at trial did not undermine the probative value of his earlier admissions. The sentence imposed by the High Court was the minimum allowed by law for the offence proven.
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The Court of Appeal held that prior sentencing cases could not be relied on after the law changed, and confirmed the 15-year prison term and RWF 5 million fine.
The appellate court held that, following the legislative amendments, the minimum sentence for the offense could not be reduced further, and that prior case law allowing greater reductions was no longer applicable. The partial suspension of the fine was an error, but could not be corrected to the detriment of the appellant since only he appealed.
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The minimum sentence for the offense of drug trafficking, as amended by Law No. 59/2023, is 15 years imprisonment and a fine of five million Rwandan francs. Since the law no longer allows for further reduction below this minimum, and the prosecution did not appeal the absence of the fine, the sentence imposed by the High Court stands and cannot be further reduced or altered.
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The Court of Appeal held that prior sentence-reduction precedents under repealed law could not apply, and upheld the 15-year prison term and 5,000,000 Frw fine.
The Court of Appeal held that the evidence did not prove cannabis trafficking, but did prove possession and use. It reduced the conviction and sentence to two years.
The Court of Appeal held that Cyitugeneye Divine had already received the minimum custodial sentence permitted by law for the offence, considering all mitigating factors. Therefore, no further reduction in imprisonment was warranted. However, the fine was recalculated to one quarter of the statutory minimum, in line with the proportionality principle for fines when the minimum custodial sentence is imposed.
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