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The minimum sentence for defilement followed by cohabitation with a minor, where mitigating circumstances are present, is 15 years' imprisonment. Since Niragire Jean Paul had already received this minimum, the sentence could not be further reduced or suspended. No error was found in the lower court's application of the law.
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The Court of Appeal dismissed Mukeshimana Cadette’s appeal, holding that the 15-year prison term and 5,000,000 Frw fine were the statutory minimum and could not be reduced or suspended.
The sentence of 15 years imprisonment and a fine of 5,000,100 Frw imposed on Nibondimo Gaspard is the statutory minimum for the offense of marijuana trafficking and cannot be further reduced or suspended under the current law.
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The statutory minimum sentence for cannabis trafficking is 15 years imprisonment and a fine of 5,000,000 Frw. The sentence imposed (15 years imprisonment and a fine of 2,000,000 Frw) is already at the minimum permissible under the law. Further reduction or suspension is not legally possible. The request for removal of the fine is also unfounded as the law requires both imprisonment and a fine for this offence.
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The evidence, including quantity, packaging, and witness statements, established drug trafficking; the sentence imposed was the minimum allowed by law after mitigation, and further reduction or suspension was legally impossible.
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The court found that the evidence established drug trafficking, not simple possession, based on the quantity of cannabis, packaging, and witness testimony. The minimum sentence allowed by law had already been imposed, and further reduction or suspension was not legally permissible.
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The appellate court held that the sentence of 15 years imprisonment and a RWF 5,000,000 fine is the minimum permissible under the law for drug trafficking with mitigating circumstances, and cannot be further reduced or suspended. The appellant's arguments for further reduction or waiver of the fine lack legal basis.
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The Court of Appeal held that a cannabis trafficking sentence cannot fall below the statutory minimum of 15 years and RWF 5,000,000, and refused suspension.
The appeal was dismissed because the defendant had already received a substantial reduction of sentence for confession and remorse at the High Court, and presented no new mitigating factors. The law and precedent do not allow further reduction on the same grounds. The request for a suspended sentence was denied because the imposed sentence exceeds five years, which is the legal maximum for such relief.
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The Court of Appeal dismissed Mukamabano Marie’s appeal, holding that she had already received the minimum lawful reduced sentence and could not get further reduction or suspension.
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