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Rwanda decisions
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The Court of Appeal held that the complainant was over 18 and found the prosecution had not proved rape beyond reasonable doubt. The conviction was quashed and the accused acquitted.
The Court of Appeal upheld Bizimana Sosthène’s conviction for cannabis trafficking and confirmed the minimum reduced sentence of 15 years’ imprisonment and a 5,000,000 Frw fine.
The Court of Appeal rejected provocation, reclassified the offence to intentional assault causing pain, and reduced the sentence under the newer, lighter law.
The charge was changed to intentional assault because the medical report established the victim died of tuberculosis, not from the assault. The accused was sentenced to three years' imprisonment and a fine of 300,000 FRW, as he did not unequivocally admit guilt before the first instance court and the circumstances did not warrant further mitigation.
Source excerpt
The defendant did not have a qualifying mental illness at the time of the offence, as confirmed by expert medical reports; his impairment was due to voluntary drug use, which does not exempt criminal liability. The facts and evidence support reclassifying the charge from trafficking to possession and use, as the quantity was small and there was insufficient proof of intent to distribute. The appropriate sentence is two years' imprisonment, which the defendant has already served, warranting his immediate release.
Source excerpt
The court found that Mateso Nepomuscène intentionally killed his wife using a machete to the face, which is a vital part of the body, and that his explanations of provocation or mistaken identity were not credible. The court held that the charge should be changed to intentional homicide, but the sentence could not be increased beyond 15 years since only the accused appealed.
Source excerpt
The High Court recharacterized the offence from bribery to fraudulently obtaining another’s property, reduced the sentence to three years, and ordered release.
The Court of Appeal recharacterized the offence from inciting public disorder to genocide minimization and reduced the sentence to five years.
Evidence established intent to kill through repeated blows and motive, qualifying the act as parricide. Previous judgments were invalid due to lack of jurisdiction. The trial must commence anew in the competent court.
Source excerpt
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