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Rwanda decisions
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The Court of Appeal upheld Niyomugabo Emmanuel’s conviction for defilement of a minor, holding that an unsigned investigation statement could still be relied on when the omission was explained.
The Court of Appeal dismissed Hakizimana’s appeal against a 15-year sentence for defilement of a minor, upholding the medical and circumstantial evidence and damages award.
The conviction was upheld because the combination of medical reports confirming sexual abuse and STDs in the victims, together with consistent testimonies from the children and their parents, constituted credible and sufficient evidence. The absence of DNA or direct medical evidence linking the accused did not undermine the reliability of the other evidence. The sentence of 20 years' imprisonment was found appropriate and not subject to further reduction.
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The conviction was upheld because the evidence from the victim, corroborating witnesses, and the medical report was consistent and sufficient. Minor contradictions did not undermine the core evidence, and the absence of a DNA test was not prejudicial given the circumstances. The appellate court found no basis to disturb the conviction or sentence.
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The Court of Appeal acquitted Barihafi Devis of defilement, holding that the evidence did not prove guilt beyond reasonable doubt.
The Court of Appeal upheld a 25-year sentence for child rape, holding that witness evidence and a medical report, taken together, were sufficient.
Radiant Insurance Company failed to act within the statutory period to coordinate a joint medical assessment after being notified of disagreement with its doctor's report. Therefore, the court was entitled to rely on the applicant's doctor's report for the degree of disability and uphold the first instance damages. Additional claims for loss of work opportunity and legal fees were denied due to lack of proof and partial success, respectively.
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Radiant Insurance Company failed to act within the statutory period to coordinate a joint medical assessment after being notified of disagreement with its doctor's report. Therefore, the court was entitled to rely on the applicant's doctor's report indicating 40% disability. Claims for loss of work opportunity and legal fees were denied due to lack of proof of employment and partial success in the appeal, respectively.
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The insurer is liable for half of the compensation because both the insured driver and the bicycle rider contributed to the accident. The insurer's failure to request a counter-expertise within the legal timeframe means the claimant's medical report on disability is binding for compensation purposes.
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The insurer is liable for half of the compensation since both the insured driver and the cyclist contributed to the accident; the insurer's failure to request a 'contre-expertise' means the claimant's medical assessment is binding for compensation purposes.
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