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Citation
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Judgment date
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| October 2023 |
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10 October 2023 |
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10 October 2023 |
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10 October 2023 |
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10 October 2023 |
| August 2023 |
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Prosecution proved aggravated defilement: child under 14, sexual act, accused as stepfather and perpetrator; accused convicted.
Criminal law – Aggravated defilement – Elements: victim under 14, sexual act, person in authority, identity of perpetrator – proof beyond reasonable doubt. Evidence – medical report and eyewitness corroboration – sufficiency where victim does not testify. Burden of proof – prosecution’s duty; accused’s silence not determinative.
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25 August 2023 |
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Accused convicted for aggravated defilement where medical, eyewitness and admission evidence proved all elements beyond reasonable doubt.
Criminal law – Aggravated defilement – Elements: victim under 14, sexual act (penetration however slight), perpetrator in position of authority – proof beyond reasonable doubt. Evidence – medical report and independent eyewitness corroboration may sustain conviction where victim does not testify. Admissions to local authority (LC1) and arrest at scene as evidence of identity.
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25 August 2023 |
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The accused was convicted of aggravated defilement for sexual acts on a child in his care.
Criminal law – Aggravated defilement – elements: victim under 14, sexual act, accused a parent/person in authority, identification of perpetrator. Proof of age – birth testimony, medical examination and court’s common-sense assessment. Sexual act – victim’s evidence corroborated by medical report (partially open introitus suggesting penetration). Person in authority – in loco parentis/step-parent and household head qualifies. Identification – caution with single-witness ID; circumstantial evidence and repetition of incidents can safely support conviction. Delay in reporting – threats to the victim can explain delay and do not necessarily undermine credibility.
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24 August 2023 |
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Elderly victim’s testimony, medical evidence and voice identification sufficed to convict the accused of rape.
Criminal law – Rape – Elements: carnal knowledge, lack of consent, identity of perpetrator. Evidence – Proof beyond reasonable doubt; medical report and witness testimony as corroboration. Identification – Voice identification admissible and reliable where victim is familiar with accused’s voice. Criminal procedure – Burden of proof remains on the prosecution; alibi and fabrication allegations must raise reasonable doubt.
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24 August 2023 |
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Prosecution failed to prove carnal knowledge and identity beyond reasonable doubt; accused acquitted.
Criminal law – Rape – Elements: carnal knowledge, lack of consent, identity – Proof beyond reasonable doubt required Identification – Visual recognition at night; caution on uncorroborated single-witness identification Medical evidence – Delayed examination; ruptured hymen without signs of recent trauma may not corroborate alleged recent sexual intercourse Credibility – Alleged motive (land dispute) and absence of corroboration can undermine prosecution case
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23 August 2023 |
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Victim and eyewitness testimony plus medical evidence proved non‑consensual penetration; accused convicted of rape.
Criminal law – Rape: ingredients – carnal knowledge (penetration), lack of consent, and identity. Corroboration by medical and eyewitness evidence. Capacity to consent – unsound mind negating consent. Burden and standard of proof – prosecution must prove every ingredient beyond reasonable doubt.
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23 August 2023 |
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Conviction for aggravated defilement where child’s unsworn testimony and medical evidence sufficiently corroborated identification of accused.
Criminal law – Aggravated defilement – ingredients: age under 14, sexual penetration, identification of accused. Child evidence – unsworn testimony of child of tender years and corroboration. Medical evidence – PF3 findings supporting penetration and injuries. Hearsay – victim’s disclosure to guardian admissible as exception and corroborative. Alibi – requirement for prosecution to place accused at scene and rejection of unsupported alibi.
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23 August 2023 |
| July 2023 |
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Accused convicted of rape after prosecution proved non-consensual intercourse, identity, and corroborative medical evidence beyond reasonable doubt.
Criminal law – Rape – Elements: unlawful carnal knowledge; absence of consent; identity of perpetrator. Burden and standard of proof – prosecution must establish every ingredient beyond reasonable doubt; conviction on strength of prosecution's case. Evidence – victim identification and testimony; medical evidence corroborating violent sexual intercourse; assessment of accused's defence credibility.
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20 July 2023 |
| April 2023 |
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Respondent’s possession (not registered title) established trespass; appellants’ customary claim extinguished by long adverse possession.
Civil procedure – first appeal duties to re-hear and re-appraise evidence; Land law – trespass to land requires proof of possession (actual or constructive) not necessarily registered title; Possession established by enclosure and continuous, open, exclusive acts; Customary land rights extinguished by long inaction, adverse possession and laches.
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23 April 2023 |