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Rwanda decisions
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The Court of Appeal upheld Hitimana Hubert’s conviction and prison sentence, but removed compensation for land purchase losses and left only litigation costs.
The Court of Appeal upheld an 18-year sentence and RWF 10,000,000 fine for cannabis trafficking, holding no further reduction was warranted under the new law.
The Court of Appeal rejected a provocation claim, held that Hakiziyaremye intentionally injured Kimasa Robert, and reduced the sentence under a later, lighter law.
The Court of Appeal held that Siborurema’s 15-year sentence could not be reduced further, because current law sets that as the statutory minimum despite mitigating factors.
The appeal was dismissed because the sentence imposed (16 years imprisonment and a fine of 5,000,000 RWF) was found to be appropriate, proportionate to the gravity and circumstances of the offense, and within the range prescribed by the new, more lenient law. The court is not compelled to further reduce the sentence solely because a new law prescribes a lower minimum penalty.
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The appellants had already received the minimum sentence permitted by the new law (15 years) due to their guilty plea and cooperation. The law prohibits further reduction or suspension below this threshold, and previous case law allowing lower sentences is no longer applicable. The appeal lacked merit and the High Court's sentence stands.
Source excerpt
The court held that the appellant had already benefited from a reduced sentence due to his admission of guilt, and that the statutory minimum under the new law (20 years) was properly applied. The court found no compelling mitigating circumstances to justify a further reduction, especially given the serious harm caused to the minor and the appellant's conduct after the offense. The appeal was dismissed as unfounded.
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