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Rwanda decisions
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The appellant filed his notice of appeal within the statutory 30-day period, as evidenced by the dated and signed document in the file. The delay in transmission by prison authorities cannot be attributed to the appellant. Therefore, the appeal should have been admitted, and the case must be remitted to the High Court for a hearing on the merits.
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The Court of Appeal dismissed Nsanzimana’s appeal, holding that late appeal grounds were inadmissible and that the official birth certificate proved the victim was a minor.
The Court of Appeal upheld a conviction for child sexual assault based on the accused’s consistent confessions, but reduced the sentence to 15 years.
The Court of Appeal held that witness testimony and a medical report, taken together, proved defilement of a minor and dismissed the appeal.
The court held that under Rwandan law, defilement of a minor is a strict liability offence for which neither lack of intent nor misrepresentation of age by the victim constitutes a defence or mitigating factor sufficient to reduce the sentence below the statutory minimum. The appellant's claim of absence of intent was rejected, and the 15-year sentence was affirmed as the minimum allowed by law.
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The Court of Appeal upheld a 15-year sentence for Iyakaremye Anastase, holding that he had not shown any misuse of law or discretion warranting further reduction.
The Court of Appeal found the conviction unsafe, allowed the appeal, quashed the lower court judgment, and acquitted Rafiki Elie of defilement of a minor.
The appellant failed to submit grounds of appeal within the statutory period despite having access to the judgment; Covid-19 did not constitute a valid excuse as he was able to file the notice of appeal on time. Therefore, the appeal was inadmissible and the original conviction and sentence stand.
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The Court of Appeal dismissed the appeal and upheld a 17-year sentence for defilement, relying on the victim’s testimony, witness accounts, and medical evidence.
The Court of Appeal held that a 15-year sentence for defilement of minors could not be further reduced below the statutory minimum, and dismissed the appeal.
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