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Rwanda decisions
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The Court of Appeal upheld a 25-year sentence for murder, holding that a guilty plea and claimed mitigation did not require sentence reduction on appeal.
The appeal was not admitted because it was filed after the statutory 30-day period from the date of judgment delivery, and the appellant failed to provide evidence that the delay was caused by circumstances beyond his control attributable to the prison administration.
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The Court of Appeal found that although Hakizimana Emmanuel committed a grave offence (defilement of a 7-year-old child, his stepchild), he was a first-time offender and was 18 at the time. While admission of guilt at appeal is not a sufficient mitigating factor, the totality of circumstances justified reducing the sentence from 20 to 17 years' imprisonment.
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The Court of Appeal reduced Haramajyambere Siméon’s sentence for cannabis dealing from 25 years and a 20 million Frw fine to 15 years and 5 million Frw.
The appellate court found that the sentence imposed by the High Court (15 years imprisonment and RWF 5,000,000 fine) is the minimum allowed by the current law for the offence of drug trafficking, and there was no misapplication of law or discretion by the lower court. Suspension is not possible as the sentence exceeds five years.
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The Court of Appeal upheld MUNYEMANA Dionise’s conviction for defilement, finding his investigation-stage confession and other evidence sufficient.
The Court of Appeal reduced drug-trafficking sentences, holding that appellate sentence changes require error in the trial court’s use of law or discretion.
The Court of Appeal further reduced Bikorimana Théogène’s armed-robbery sentence, applying mitigating circumstances and a newer, more lenient sentencing law.
The Court of Appeal recharacterized the offence as infanticide, held the High Court should have considered the appeal ground, and reduced the sentence to 15 years.
The use of a lethal weapon (machete) to strike the victim's head and arm multiple times demonstrated intent to kill, justifying the conviction for attempted murder. The defendant did not unequivocally admit to attempted murder at any stage, and had already received mitigation at the High Court. The cruelty of the act further precluded additional sentence reduction or suspension.
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