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Rwanda decisions
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The Court of Appeal held that a 15-year sentence for defilement could not be reduced further where mitigating circumstances had already been applied.
The Court of Appeal upheld a 15-year prison sentence for defilement followed by cohabitation with a minor, but removed an unlawful RWF 5,000,000 fine.
The Court of Appeal held that Iradukunda Diane’s sentence for cannabis trafficking could not be further reduced because it had already reached the legal minimum after mitigation.
The appellate court found that the confession made by Sinkuriryayo Steven before the prosecution was credible and consistent with the facts, and there was no evidence of coercion. The large quantity of drugs (3000 packages) justified the conviction for trafficking rather than mere possession. However, considering it was his first offense and for proportionality with similar cases, the sentence was reduced from life imprisonment to 25 years' imprisonment and a fine of 5,000,000 Frw.
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The use of a lethal weapon (machete) to strike the victim's head and arm multiple times demonstrated intent to kill, justifying the conviction for attempted murder. The defendant did not unequivocally admit to attempted murder at any stage, and had already received mitigation at the High Court. The cruelty of the act further precluded additional sentence reduction or suspension.
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The Court of Appeal reaffirmed that its jurisdiction in second appeals is strictly limited to cases involving lack of jurisdiction, application of non-existent or inapplicable law, or judgments rendered by unauthorized judges. Procedural errors not affecting jurisdiction or fundamental rights must be addressed through other legal remedies, not second appeals. Mitigating circumstances must be timely raised and substantiated. Contracts for immovable property require authentic form. Bankruptcy proceedings suspend most claims except secured ones. Public procurement contractors bear liability for…
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The accident suffered by MULINDAHABI Félix did not qualify as a workplace accident because he was not traveling between his regular residence and workplace on a work assignment paid for by the employer, nor was there evidence that the journey was employer-mandated. Therefore, liability rests with the vehicle insurer (SANLAM AG Plc), not the social security fund (RSSB).
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Digest of Court of Appeal precedents on arbitration waiver, settlement finality, sentencing mitigation, evidence, appeals, narcotics, and property division.
A Court of Appeal digest from May 2023 summarizing precedents on arbitration waiver, notarial settlement finality, sentencing discretion, confessions, and appeal procedure.
The Supreme Court upheld a life sentence for murder, holding that a confession and request for forgiveness do not automatically require sentence mitigation where the crime was especially cruel.
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