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Rwanda decisions
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The Court of Appeal dismissed a criminal appeal, upholding a 25-year sentence for attempted murder and rejecting a claimed exculpatory written statement.
The Court of Appeal reduced Habumuremyi Decro Patrice’s sentence for attempted murder from 25 years to 20 years, finding partial merit in his appeal.
The Court of Appeal held that Uwayezu Emmanuel was not criminally responsible for attempted murder because expert evidence showed schizophrenia affecting his mental capacity.
The evidence shows Ndabasanze Bernard intended to kill his wife using a lethal weapon targeting the head and hand, supported by his own admissions and witness testimony. The correct conviction is attempted murder, not assault. The sentence imposed should be corrected to the minimum allowed by law due to mitigating circumstances.
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Repeatedly striking the victim on the head with a hoe, a lethal weapon, demonstrated intent to kill. The sentence of 15 years' imprisonment was proportionate to the gravity of the attempted murder, and no further reduction was warranted.
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The Court of Appeal upheld Kayitare Jacques’s conviction for attempted murder, found the evidence sufficient, but reduced the sentence to 12 years and 6 months.
The appeal lacked merit as the evidence, including witness statements, medical reports, and circumstantial facts, sufficiently established Kayitare Jacques's involvement in the attempted murder. However, considering mitigating circumstances (no prior convictions, no serious consequences), the sentence was reduced to twelve years and six months imprisonment.
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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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Nzabakira Eric failed to provide credible evidence of provocation, and the act was committed with cruelty. However, considering he had no prior convictions, the sentence was reduced from 25 to 15 years' imprisonment under judicial discretion and the amended law.
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The appeal for further reduction of sentence is denied because the High Court already reduced the sentence to the statutory minimum for attempted murder, and the gravity and circumstances of the offence do not justify further mitigation.
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