The Court of Appeal dismissed a criminal appeal, upholding a 25-year sentence for attempted murder and rejecting a claimed exculpatory written statement.
The appellant's admission of guilt was already considered by the High Court in reducing the sentence from life imprisonment to 25 years. No credible evidence of provocation was presented, and the issue was not raised at trial, making it inadmissible on appeal. The High Court did not err in its sentencing discretion, and no further mitigation was warranted.
The Court of Appeal found the conviction unsafe, allowed the appeal, quashed the lower court judgment, and acquitted Rafiki Elie of defilement of a minor.
The Court of Appeal upheld a 20-year sentence for child defilement, holding that minor timing discrepancies and the accused’s alibi evidence did not displace the prosecution case.
The Court of Appeal held that dependency damages were supported by local authority and community evidence, dismissed SANLAM’s review request, and awarded appellate costs.
The Court of Appeal reaffirmed that its jurisdiction in second appeals is strictly limited to cases involving lack of jurisdiction, application of non-existent or inapplicable law, or judgments rendered by unauthorized judges. Procedural errors not affecting jurisdiction or fundamental rights must be addressed through other legal remedies, not second appeals. Mitigating circumstances must be timely raised and substantiated. Contracts for immovable property require authentic form. Bankruptcy proceedings suspend most claims except secured ones. Public procurement contractors bear liability for…
The Court of Appeal held that minor contradictions among prosecution witnesses did not undermine the substance of their testimony, which was consistent on material facts. The court affirmed that a conviction may be based on the credible testimony of a single witness, in line with Rwandan law and international jurisprudence. The court found that the accused's own admissions and official documents corroborated the prosecution's case and demonstrated intent and participation in genocide, extermination, and rape as crimes against humanity. The appeal failed to identify any legal or factual error…
The Court of Appeal dismissed Niragire Théogène’s land appeal, holding he failed to prove encroachment and that the land loss was due to wetland boundaries.
The Appeals Chamber found that the appellant was properly convicted for ordering genocide and extermination as crimes against humanity based on credible evidence of his presence, authority, and actions at the Gikomero Parish Compound on 12 April 1994, including giving the order to attack. The convictions for instigating and aiding and abetting were vacated due to insufficient nexus between the distribution of weapons and the massacre. The appellant's arguments regarding defects in the indictment, assessment of evidence, burden of proof, and sentencing were rejected. The sentence of life impri…