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Rwanda decisions
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The court found that Uwamahoro Claire intentionally killed the victim by stabbing her in a vital area with a deadly weapon, and that provocation was not properly raised at trial and thus could not be considered on appeal. The sentence of 18 years' imprisonment was deemed appropriate and not subject to further reduction.
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The court found that Gatete Wellars's actions—using a rope to strangle his elderly mother in the neck while uttering threats to kill—constituted attempted murder, not mere assault. However, due to the absence of serious consequences and the victim's request for leniency, the sentence was reduced to twelve years and six months imprisonment.
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The court found that Kabarere Pascasie intentionally used a deadly weapon (hammer) to strike the victim's head multiple times, and only external intervention prevented death. This established the requisite intent for attempted murder, not mere assault. However, due to the absence of permanent injury, her remorse, and the new legal provisions allowing mitigation, the sentence was reduced to 12 years and 6 months' imprisonment.
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The Court held that Ntitenguha Théoneste's presence and participation in the group that assaulted the victim sufficed for criminal liability, but as he was not the leader or main instigator, his sentence should be mitigated to ten years' imprisonment.
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The Court of Appeal established that mitigating circumstances can justify reducing sentences below statutory minimums, clarified the distinction between murder and assault causing death, set evidentiary standards for group crime and infanticide, and confirmed the burden of proof in illicit enrichment. The court also affirmed the correction of clerical errors, the limited effect of late admissions of guilt, the need for corroboration of child testimony, and the retroactive application of interpretive ministerial orders.
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The court found that Mbarushimana's actions—breaking into the victims' home at midnight armed with a hoe, striking them indiscriminately, and causing permanent disability—demonstrated intent to kill. The cruelty of the offence and lack of remorse justified denial of penalty reduction. The High Court's conviction and sentence were upheld.
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The Supreme Court upheld Mutabaruka’s convictions for assault and aggravated theft, but reduced the sentence from 10 years to 7 years under the lighter later law.
The Supreme Court set aside an attempted murder conviction, finding no proven intent to kill. It convicted the appellant of assault and battery instead.
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