UBUSHINJACYAHA v. MUKANDANYUZWE
Urukiko rw’Ubujurire rwemeje ko igihano cya Mukandanyuzwe Jamila ari cyo gito gishoboka kandi ko ubujurire bwe nta shingiro bufite.
- Drug offences
- Sentencing
- Mitigating circumstances
- Fine reduction
- Appeal
- Criminal-law
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Urukiko rw’Ubujurire rwemeje ko igihano cya Mukandanyuzwe Jamila ari cyo gito gishoboka kandi ko ubujurire bwe nta shingiro bufite.
The Court of Appeal upheld Nkundabose Sébastien’s conviction for membership in a terrorist organization, rejecting his duress defense and leaving the 15-year sentence unchanged.
The appellate court held that the High Court did not err in imposing a 15-year sentence, as it exercised its discretion within the law, considering the gravity of the offence, the relationship between the accused and the victim, and the impact on the victim. The law does not require the court to follow the prosecution's sentencing request unless plea bargaining procedures are used. The sentence was sufficiently reduced for mitigating circumstances, and no legal error or abuse of discretion was shown.
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Dr. Rutunga Venant knowingly provided essential assistance to gendarmes who, together with interahamwe, committed mass killings of Tutsi civilians at ISAR-Rubona. His actions constituted material and intentional complicity in genocide and extermination as a crime against humanity. The High Court's reduction of sentence was justified by his cooperation and lack of prior convictions, despite aggravating circumstances. Both appeals lacked merit; the conviction and 20-year sentence stand.
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The appeal was dismissed because the statutory minimum sentence for the offence, after mitigation, is fifteen years' imprisonment and a fine of five million Rwandan francs, and further reduction or suspension is not permitted by law.
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The Court of Appeal reduced BIZIMANA Emmanuel’s sentence for cannabis վաճառ? to 15 years’ imprisonment and a 5,000,000 Frw fine, finding further reduction was justified.
The minimum sentence of 15 years for defilement followed by cohabitation with a minor, where mitigating circumstances are established, was correctly applied by the High Court; further reduction is not legally permissible.
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The Court of Appeal held that Nsengiyumva Callixte could not receive a further sentence reduction and upheld the 15-year prison term and 5,000,000 Frw fine.
The appellate court held that the minimum sentence for drug trafficking offences punishable by life imprisonment is 15 years and a fine of 5,000,000 Frw, and no further reduction is allowed under the current law, regardless of mitigating circumstances.
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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.
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