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Rwanda decisions
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The Court of Appeal held that evidence did not prove cannabis trafficking beyond reasonable doubt, substituted possession and use, and reduced the sentence.
The Court of Appeal held that Imanishimwe Mutoni’s sentence had already been sufficiently reduced and dismissed the appeal, leaving the 16-year term and 6,000,000 Frw fine in place.
The appeal was dismissed because the sentence imposed (15 years imprisonment and a fine of 5,000,000 Frw) is the minimum allowed by law for the offense of trafficking and selling cannabis, and cannot be further reduced regardless of mitigating circumstances.
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The core binding principles are: (1) appellate courts must show, at least implicitly, that all material arguments and evidence were considered, but need not address each individually; (2) sentences cannot be increased on appeal if only the defendant appeals; (3) conspiracy to commit genocide is treated as genocide for intent and punishment; (4) accomplice liability in genocide does not require intent to destroy the group, only knowing assistance; (5) attempt liability does not apply to terrorist group membership; (6) new evidence for retrial must be truly new and material; (7) only parents or…
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The appeal was dismissed because the lower courts had already imposed the minimum sentence allowed by law, and no error or misapplication of law or discretion was demonstrated. However, the fine was reduced as the appellate court found a lower amount more appropriate to the circumstances.
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The sentence imposed by the High Court (15 years imprisonment and a fine of 5,000,000 Frw) was the minimum allowed by law for the offense, and there was no error or improper exercise of discretion by the lower court. Therefore, further reduction or suspension was not legally permissible.
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The Court of Appeal reduced Habimana Gérard’s prison sentence for cannabis trafficking to 16 years, while keeping the 5,000,000 RWF fine unchanged.
The Court of Appeal dismissed the appeal and upheld a 15-year prison term and RWF 5,000,000 fine for drug-related offences, finding no basis for further mitigation.
The Court of Appeal held that prior sentencing cases could not be relied on after the law changed, and confirmed the 15-year prison term and RWF 5 million fine.
The appellate court held that, following the legislative amendments, the minimum sentence for the offense could not be reduced further, and that prior case law allowing greater reductions was no longer applicable. The partial suspension of the fine was an error, but could not be corrected to the detriment of the appellant since only he appealed.
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