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Rwanda decisions
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The appellant cannot receive a further reduction of sentence because he has already been sentenced to the statutory minimum for the offence under the current law, and prior cases granting lower sentences were decided under repealed statutes.
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The Court of Appeal dismissed Nsengumuremyi Nelson’s appeal and upheld a 15-year prison term and 5,000,000 Frw fine for cannabis trafficking.
The Court of Appeal found that Uwineza Jeanne was a first-time offender, admitted guilt from the outset, and that comparable cases had resulted in lower sentences. Therefore, the sentence should be reduced from 25 to 20 years' imprisonment.
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Sibomana knowingly transported and intended to sell 381 packets of marijuana, as proven by his own admissions and corroborating testimony. His actions constituted trafficking and selling, not mere possession. Mitigating factors were not properly raised at the lower court and cannot be considered on appeal. The conviction and sentence are upheld.
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The appeal was dismissed because the lower court correctly applied the current law and exercised proper discretion in sentencing. The defendant was not entitled to further reduction, as the cited precedents were based on a repealed statute and the new law sets mandatory minimums that were respected.
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The court found that the prosecution failed to prove that Muhawenimana Virginie intended to distribute or sell the cannabis, as the evidence showed the drugs were for personal use and for another individual (Patrick) with whom she shared consumption. The quantity was small, and there was no evidence of repeated transport or commercial intent. Therefore, she should be convicted of possession, not trafficking or sale.
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The Court of Appeal dismissed SANLAM ALLIANZ GI Plc’s appeal, holding that its third-party opposition was filed out of time and could not be admitted.
The Court of Appeal held that a 15-year prison sentence and 5,000,000 Frw fine for cannabis trafficking was already the minimum lawful penalty and could not be reduced further.
The court held that since Ruzigamintwari's sentence had already been reduced to the statutory minimum allowed by law for the offence, no further reduction was legally permissible, regardless of additional mitigating arguments.
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