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Rwanda decisions
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Court of Appeal digest consolidating precedents on guilty pleas, confession evidence, appellate sentencing, proof, and procedural requirements.
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…
Source excerpt
The second appeal was inadmissible because the alleged errors related to non-compliance with legal provisions, not the application of a non-existent law. Such errors do not justify a second appeal under Rwandan law. The lower courts applied the law in force at the time of the offence, and any procedural irregularities should be addressed through other legal remedies, not a second appeal.
Source excerpt
The auction was annulled because the property was not properly registered as collateral and no valid valuation was conducted or communicated to the owner, violating mandatory legal provisions. These procedural defects rendered the auction void, requiring restoration of the parties to their pre-auction positions.
Source excerpt
The Court of Appeal held that it had jurisdiction over a second appeal because the lower court relied on late-filed documents without reopening the hearing.
The Court of Appeal held that late appeal explanations did not automatically nullify the appeal, but Mudenge’s second appeal was inadmissible on the merits.
The Court of Appeal nullified an auction of mortgaged property for failing to meet the mandatory seven-day notice period, holding the defect required cancellation.
The Supreme Court held that an unsworn medical expert report could not be relied on, and minors’ testimony under 14 required corroboration. The conviction was quashed.
The Supreme Court upheld a defilement conviction, holding that an expert medical report not initially sworn could be validated when the doctor later took oath in court.
The Supreme Court partially allowed Mukamusoni’s appeal over a house auction, upheld the auction’s validity, ordered refunds, and upheld partial damages for Kamali.
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