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.
Urukiko rw’Ubujurire rwemeje ko ubujurire bwa Mbyariyehe na Nagaba nta shingiro bufite, rusigaho igifungo cy’imyaka 15 n’ihazabu ya 5.000.000Frw kuri buri wese.
The conviction was upheld based on the defendant's confession, corroborating witness testimony, and documentary evidence. The sentence reduction previously granted was deemed sufficient given the circumstances and gravity of the offence. The appeal lacked merit and the prior judgment was affirmed.
Source excerpt
The conviction of Ndayizeye Patrick was quashed because the only evidence against him was uncorroborated testimony from co-accused and a witness with a personal grudge, with no physical evidence linking him to the drugs. The law requires proof beyond reasonable doubt, and in the absence of such proof, the accused must be acquitted.
Source excerpt
The Court of Appeal held that a drug-trafficking sentence reduced to 15 years and a RWF 5,000,000 fine could not be further reduced or suspended.
The appeal was dismissed because Mukandamage's own admissions and corroborating evidence established drug trafficking, not mere possession. The sentence of 15 years' imprisonment was lawfully imposed considering mitigating circumstances, but could not be suspended as it exceeded five years. The court found no error in the lower court's judgment or sentence.
Source excerpt
The Court of Appeal upheld a 15-year prison term and fine for cannabis trafficking, holding that this was the minimum sentence allowed after mitigating factors.
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.
Source excerpt
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 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.
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