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Rwanda decisions
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The Court found that the evidence relied upon by the lower courts was primarily hearsay and indirect, not sufficiently corroborated by other credible evidence, and the medical report did not conclusively prove defilement. Therefore, reasonable doubt existed, and Nyandwi Emmanuel was acquitted.
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Ayingeneye Jeanne was lawfully convicted based on credible evidence including possession of 59 packets of cannabis, corroborated witness testimony, and her own inconsistent statements. The absence of a buyer does not negate intent to sell. Mitigating factors—first offense and moderate quantity—justify reduction of sentence to 16 years imprisonment and a fine of 5,000,000 Frw.
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The Court of Appeal reduced Ngirimana Jean Pierre’s sentence for cannabis trafficking to 16 years and a 5,000,000 RWF fine, while rejecting reliance on repealed precedents.
The Court of Appeal established that convictions cannot be based on acts not charged in the indictment, procedural requirements for auctions and appeals are strictly statutory, sentence reductions require unequivocal guilty pleas before first instance closure, and the burden of proof and admissibility of evidence are governed by clear legal standards. Precedents are not binding if the underlying law has changed. Second appeals depend on the value or damages awarded in the prior judgment.
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The Court of Appeal held that a settlement agreement signed in court on 24/06/2024 was binding and ended the dispute over the land compensation.
The Court of Appeal found that the High Court had already exercised discretion in reducing the sentence from 20 to 15 years due to the appellant being a first-time offender. No misapplication of law or discretion was identified. The offence was grave, involving sexual abuse of a 15-year-old by her uncle. No further reduction or suspension of sentence was justified.
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Possession of a significant quantity of drugs with readiness to sell, even without direct evidence of sale or payment, is sufficient for conviction of drug trafficking. The sentence must be proportionate to the offense and circumstances, and may be reduced under a new, more lenient law.
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The Court of Appeal reduced NDAGIJIMANA Jean de Dieu’s sentence for defiling a child from 20 years to 17 years, citing consistency with similar cases.
The Court of Appeal held that late appeal grounds are inadmissible, a guilty plea first raised on appeal does not reduce sentence, and changed Kuradusenge Valens’s offence description only.
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