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Rwanda decisions
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The Court of Appeal dismissed Nkundimana Joël’s appeal, holding that he had not shown error in the lower court’s refusal to further reduce his 25-year sentence.
The Court of Appeal held that the High Commercial Court was justified in correcting the property number in the judgment because the judge had repeated a party's error that was evident from the case file. This exception is recognized in both Rwandan law and Supreme Court precedent. The correction did not constitute a new decision on an unlitigated property but rectified a clerical error that the judge should have noticed. The appeal by MUGENI Josiane was dismissed as unfounded.
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Court of Appeal digest of precedents on criminal proof, sentencing, appeal deadlines, inheritance, and civil-commercial procedure.
The Court of Appeal reduced Dusengimana Martin’s sentence from 20 to 15 years for cannabis offences, holding that mitigating circumstances can justify a sentence below the statutory minimum.
The Supreme Court held that despite Ntakiyimana's eventual admission of guilt, the gravity and premeditation of the crime, as well as his initial denial, justified denying further sentence reduction.
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The Supreme Court dismissed a parricide appeal, holding that a guilty plea does not automatically require penalty reduction because the court retains discretion.
The court held that despite the guilty plea, the circumstances and wickedness of the offence, including premeditation and brutality, render Ntakiyimana unworthy of penalty reduction. Judicial discretion permits denial of reduction even after a guilty plea.
Source excerpt
The Supreme Court dismissed a criminal appeal, holding that additional investigations or witnesses were not required and that conviction could rest on credible testimony and medical evidence.
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