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Citation
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Judgment date
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| April 2005 |
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Lack of corroborative evidence of penetration led to acquittal for defilement but conviction for indecent assault.
Criminal law – Defilement (s.129 Penal Code) – elements: age, penetration, and identity – requirement for corroboration of child’s evidence on material particulars – absence of medical/birth-certificate evidence – alibi: prosecution’s duty to disprove – conviction on lesser charge of indecent assault (s.128(1)).
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12 April 2005 |
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Malice and death proved, but insufficient circumstantial evidence of accused’s participation — accused acquitted.
Criminal law – Murder – Elements: death, unlawful act, malice aforethought, participation – Circumstantial evidence – Requirement that inculpatory facts be incompatible with innocence – Insufficient circumstantial proof requires acquittal.
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11 April 2005 |
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Identification and intent for attempted murder established; alibi rejected and life sentence upheld.
* Criminal law – Identification evidence – reliability where witnesses knew accused previously, adequate light and proximity; special caution but conviction possible if quality good.
* Criminal law – Attempted murder – requirement of overt act plus intention to cause death; corrosive substance thrown constituted sufficient evidence of intent.
* Evidence – Exhibits/chain of custody – improper packing and marking criticized but not fatal where substance identity and effects established.
* Defence – Alibi – accused does not bear burden to prove; prosecution may disprove by placing accused at scene.
* Sentencing – Life imprisonment for attempted murder is discretionary; appellate court will not interfere absent exceptional circumstances.
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4 April 2005 |
| March 2005 |
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Conviction quashed due to inadequate findings, missing material exhibits, and prejudice from denial of a defence witness.
Criminal law — burden of proof — requirement for trial judge to make specific findings on each ingredient; Child evidence — corroboration must be particularised; Evidence — failure to produce material exhibits and lack of forensic analysis may render conviction unsafe; Criminal procedure — duty to assist unrepresented accused and to issue process under s.128(3) Magistrate Courts Act to secure defence witnesses; Bias — refusal to secure a defence witness can create appearance of bias and prejudice right to a fair trial.
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10 March 2005 |
| February 2005 |
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First accused convicted on reliable identification; second acquitted due to inconsistent identification and misnaming.
Aggravated robbery – elements (theft, violence, deadly weapon, participation) – identification evidence – reliability and cautious assessment of eyewitness testimony – alibi defence — misnomer undermining prosecution case – mandatory sentence on conviction.
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11 February 2005 |
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Theft and violence proved but identity and use/threat of a deadly weapon were not established; accused acquitted.
* Criminal law – Aggravated robbery – Elements: theft, use or threat of violence, use or threat of deadly weapon. * Evidence – Identification in darkness – reliability and necessary caution. * Evidence – Circumstantial evidence and corroboration – must exclude every reasonable hypothesis of innocence. * Defence – Alibi and visitor status – evidential weight.
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11 February 2005 |
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Prosecution failed to prove essential elements and reliable identification, resulting in acquittal on all aggravated robbery counts.
* Criminal law – Aggravated robbery – Elements: theft; use or threat of violence; use or threat of deadly weapon; accused's participation (sections 285, 286(2) Penal Code).
* Evidence – Identification by eyewitness – need for caution where identification occurred at night, under terror, and the importance of corroboration.
* Evidence – Failure to call essential witnesses (victims) undermines proof of theft.
* Procedure – Identification parade / rule 59 of Police Standing Orders: failure to follow weakens identification evidence.
* Burden of proof – prosecution must prove every ingredient beyond reasonable doubt; any doubt resolved for the accused.
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11 February 2005 |
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Prosecution proved aggravated robbery by identity, violence and grievous harm; accused convicted and sentenced to death.
Criminal law – Aggravated robbery – Elements: theft, violence, deadly weapon, grievous harm – Identification evidence: familiarity, visibility, voice recognition and corroboration – Child witness corroboration – Alibi – Mandatory death sentence under Sections 285 and 286(2) Penal Code Act.
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11 February 2005 |
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The accused were convicted of aggravated robbery on identification, admissible confessions and corroboration, and sentenced to death.
Criminal law — Aggravated robbery — elements: theft, use/threat of violence, deadly weapons — identification evidence — admissibility and reliability of extra‑judicial confessions — accomplice evidence and corroboration — s.27 Evidence Act — statutory capital sentence.
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11 February 2005 |
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Accused convicted of murder based on a voluntary confession corroborated by circumstantial evidence despite absence of body.
Criminal law – murder without body – proof of death by circumstantial evidence; admissibility and corroboration of a retracted confession; circumstantial evidence standard; malice aforethought; sentence of death.
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11 February 2005 |