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Citation
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Judgment date
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| November 2009 |
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Court convicted accused of aggravated robbery on count two but downgraded count one to simple robbery.
Criminal law – Aggravated robbery; requirement of threatened or actual use of a deadly weapon; single-witness identification at night – caution and factors supporting reliability; corroboration by extrajudicial confession and recovery of weapons; continuation of trial by successor judge to avoid prejudice.
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25 November 2009 |
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Co-accused confession, eyewitnesses and post-mortem disproved alibi; accused convicted of murder under common intention.
Criminal law – Murder – Ingredients of murder (death, unlawful causation, malice aforethought, participation); Credibility of alibi; Effect of voluntary intoxication on mens rea; Common intention and co-accused confession corroborating participation.
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25 November 2009 |
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First accused convicted on reliable single‑witness identification with corroboration; others acquitted or discharged for insufficient evidence.
Criminal law – Murder – Elements of murder; Single‑witness visual identification at dusk – factors affecting reliability (light, proximity, familiarity, immediacy); Circumstantial evidence as corroboration; Common intention (s.20 Penal Code) – requirement of proof beyond reasonable doubt; Discharge at close of prosecution.
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25 November 2009 |
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Extra‑judicial admissions corroborated by circumstantial evidence established the accused’s guilt for murder.
Criminal law – Murder: elements of offence; Extra‑judicial admissions – admissibility and reliability; Deceased’s statements – admissible under Evidence Act s.30 as corroborative evidence; Circumstantial evidence – corroboration of admissions; Credibility assessment of arresting officer and relative-witness.
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25 November 2009 |
| October 2009 |
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Criminal law
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12 October 2009 |
| September 2009 |
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Unsworn child evidence required corroboration, which admission and examinations supplied, leading to conviction for defilement and 12-year sentence.
Criminal law – Defilement – unsworn evidence of child of tender years requires corroboration – corroboration may be by admission and non‑medical examination by mature women – medical evidence of habitual intercourse admissible corroboration – identification evidence made safe by daylight and familiarity – weak alibi.
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11 September 2009 |
| June 2009 |
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Conviction for defilement upheld where medical, circumstantial and contemporaneous reports corroborated a hostile victim’s earlier account.
Criminal law – Defilement – proof of penetration; Corroboration of sexual offences – weight of medical evidence and contemporaneous complaints; Audial identification – caution but admissibility where witness familiarity and circumstantial support exist; Circumstantial evidence – must exclude reasonable hypothesis of innocence; Proof of victim’s age.
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12 June 2009 |
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Recovery of stolen goods and corroborative ballistic/medical evidence sustained conviction for aggravated robbery.
* Criminal law – Aggravated robbery – elements: theft, use/threat of violence, deadly weapon, participation; circumstantial evidence. * Circumstantial proof – doctrine of recent possession of stolen goods; necessity that inculpatory facts be incompatible with innocence. * Evidence – ballistic and medical corroboration strengthen circumstantial case. * Defence – alibi and blanket denials insufficient to negate inference of guilt.
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12 June 2009 |
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Acquittal where prosecution failed to prove use of a deadly weapon and the accused’s identity beyond reasonable doubt.
* Criminal law – Aggravated robbery – ingredients: theft, violence, deadly weapon, participation. * Evidence – Proof of deadly weapon requires firing or recovery/testing to establish capability. * Identification – Night identification and camouflaged assailants require careful scrutiny. * Circumstantial evidence – must exclude all reasonable hypotheses of innocence. * Procedure – Failure to conduct an identification parade/poor investigative practices can fatally undermine prosecution case.
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12 June 2009 |
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Prosecution failed to prove identity for aggravated robbery; victims’ inconsistent statements and poor identification conditions led to acquittal.
Criminal law – Aggravated robbery – Elements: theft, violence, deadly weapon, participation – Identification evidence – Night-time identification and requirement for supportive/corroborative evidence where conditions unfavourable – Evidence Act s.155/section on former statements – Deadly weapon definition (panga vs gun).
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12 June 2009 |
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Circumstantial evidence and recent possession established accuseds’ guilt for aggravated robbery involving pangas as deadly weapons.
Criminal law – Aggravated robbery – Elements: theft, violence or threatened violence, use or threat of deadly weapon – Pangas as deadly weapons – Circumstantial evidence – Doctrine of recent possession – Identification and rejection of alibi.
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12 June 2009 |
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12 June 2009 |
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Accused acquitted of aggravated robbery for lack of proof of deadly weapon but convicted of simple robbery on reliable identification evidence.
Criminal law – Aggravated robbery – ingredients: theft, violence, use of deadly weapon, participation – identification evidence – amendment of indictment – definition and proof of ‘deadly weapon’ (guns versus grenade) under antecedent law.
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12 June 2009 |
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Accused acquitted of murder due to unreliable identification and insufficient circumstantial evidence.
* Criminal law - Murder - Elements: death, unlawfulness, malice aforethought, participation. * Identification evidence - Single identifying witness at night who was intoxicated requires caution. * Circumstantial evidence - Conviction requires that inculpatory facts exclude any reasonable hypothesis of innocence. * Alibi and conduct after incident may weaken inference of guilt.
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12 June 2009 |
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Accused convicted of defilement based on medical, first‑complaint and admissible police‑statement evidence.
Criminal law – Defilement – Elements: penetration, victim’s age, and accused’s responsibility; admissibility of victim’s recorded police statement and first‑complaint evidence in absence of viva voce testimony; need for caution with identification evidence; medical evidence as corroboration of penetration.
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5 June 2009 |
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Whether defilement was proved beyond reasonable doubt by victim’s account, medical and corroborative scene and documentary evidence.
* Criminal law – Defilement – proof of penetration – victim’s statement, medical evidence and scene inspection as corroboration.
* Evidence – Corroboration – prior contemporaneous statements admissible to corroborate testimony under Evidence Act.
* Evidence – Hostile witness – effect of contradiction of earlier statement and proof of prior statement.
* Identification – Single witness identification – need for caution; factors (daylight, familiarity, proximity) reducing risk of mistaken identity.
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5 June 2009 |
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Circumstantial evidence failed to prove the accused’s participation in a lethal panga attack; accused acquitted.
Criminal law – Murder: elements (death, unlawful causation, malice aforethought, participation); malice may be inferred from weapon and targeted neck wounds; circumstantial evidence must exclude all reasonable hypotheses of innocence; insufficiency of mere suspicion, threats, or borrowing of a weapon to convict.
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5 June 2009 |
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Medical, eyewitness and immediate identification evidence corroborated the victim, leading to conviction for defilement.
* Criminal law – Defilement: ingredients – penetration; victim under 18; accused’s participation. * Corroboration of complainant’s evidence – medical and eyewitness corroboration. * Identification evidence – circumstances and caution; immediate identification and acquaintance. * Alibi – rejected where contradicted by direct and circumstantial evidence.
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5 June 2009 |
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Malice and unlawful causation proved, but identification and participation not proved beyond reasonable doubt; accused acquitted.
* Criminal law – murder – ingredients: death, unlawful causation, malice aforethought, participation. * Identification evidence – caution required where identification made at night, under stress, with delayed or inconsistent statements. * Circumstantial evidence – temporal proximity alone insufficient to establish linkage between separate incidents. * Standard of proof – high standard for capital offences; participation must be proved beyond reasonable doubt.
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5 June 2009 |
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The accused were convicted of aggravated robbery where night identification, supported by corroboration, proved guilt beyond reasonable doubt.
* Criminal law – Aggravated robbery – elements: theft, use/threat of violence, use of deadly weapon, participation; identification evidence – single witness night identification scrutinised and corroborated; deadly weapons – pangas qualify; alibi – evaluation and rejection when fabricated.
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5 June 2009 |
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Victim’s reliable night identification, supported by corroboration, upheld convictions for aggravated robbery involving pangas.
Criminal law – Aggravated robbery – Elements: theft, violence, deadly weapon, participation; Identification evidence at night – need for caution and corroboration; Panga as 'deadly weapon'; Alibi – fabrication and disproof by corroborative evidence.
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5 June 2009 |
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Conviction for defilement based on voluntary confession and corroborative police and medical evidence.
Criminal law – Defilement – Elements: sexual intercourse, victim under 18, accused’s participation; Confession evidence – voluntariness and admissibility; Corroboration – medical report and prior complaint in absence of victim’s testimony; Caution to trial court/assessors when relying on uncorroborated complaint evidence.
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5 June 2009 |
| May 2009 |
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Medical and corroborative identification evidence proved defilement; accused convicted, alibi rejected.
Criminal law – Defilement – Elements: penetration, age under 18, identity of perpetrator – Proof by victim and medical evidence – Corroboration by secondary evidence (police statement) – Caution in identification but safe to act where conditions favourable – Alibi insufficient to create reasonable doubt.
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27 May 2009 |
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Victim and medical evidence, plus reliable identification in daylight, proved defilement beyond reasonable doubt; accused convicted.
Criminal law – defilement: proof of penetration and age; medical corroboration; reliability of identification evidence where complainant knew accused and assault occurred in daylight; alibi considerations.
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27 May 2009 |
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Conviction for defilement where unsworn child testimony was corroborated by eyewitness and medical evidence.
Criminal law – Defilement – elements: carnal knowledge, victim under 18, participation by accused – Child of tender years – unsworn testimony requires corroboration – Identification evidence – caution and quality of conditions – Medical evidence corroborative but not mandatory.
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15 May 2009 |
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Audial identification supported by medical and circumstantial corroboration upheld a defilement conviction.
Criminal law – Defilement – proof of penetration – medical and lay corroboration; audial identification – caution required but may be corroborated; circumstantial evidence – must exclude reasonable hypothesis of innocence; proof of victim’s age without birth certificate.
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14 May 2009 |
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The accused convicted of defilement where eyewitness and medical evidence corroborated the victim's account and age.
Criminal law – Defilement – proof of penetration – victim’s evidence corroborated by medical report; Identification evidence – caution required but safe where witness knew accused, incident in daylight and corroborated; Proof of age – victim’s testimony corroborated by medical opinion acceptable in absence of birth certificate; Defence allegations of conspiracy rejected where surrounding evidence supports prosecution.
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12 May 2009 |
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Participation and causation proved but absence of malice reduced murder charge to manslaughter.
Criminal law – murder: ingredients (death, unlawful causation, malice aforethought, participation); identification and secondary statements; medical causation and intervening factors; provocation reducing murder to manslaughter; conviction on lesser cognate offence.
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11 May 2009 |
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11 May 2009 |
| April 2009 |
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Theft and use of a deadly weapon were proved, but identity was not; accused acquitted due to unsafe identification.
* Criminal law – Aggravated robbery – elements: theft, violence, deadly weapon, participation/identity.
* Evidence – Identification – caution required for night-time identifications, effect of poor lighting and stress.
* Evidence – Corroboration – importance of first information to police and ‘other evidence’ where identification is doubtful.
* Evidence – Medical report corroborating violence and use of weapon (panga).
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8 April 2009 |
| March 2009 |
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Accused convicted of aggravated robbery: theft with violence and deadly weapons proven, and joint intention established.
Criminal law – Aggravated robbery – Ingredients: theft, use of violence, use/threat of deadly weapon, participation; Identification evidence – single identifying witness in daylight and supporting circumstantial evidence; Amendment of indictment late in trial – permissible where issue fully canvassed and no injustice; Joint liability – common intention/prosecution of unlawful purpose; Medical evidence corroborating violence.
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27 March 2009 |
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Whether aggravated robbery was proved where a deceased victim’s statement and single night identification, with circumstantial support, identified the accused.
* Criminal law – Aggravated robbery – elements: theft, violence, deadly weapon, accused's participation. * Evidence Act s.30 – admissibility of statements by person who later dies. * Identification evidence – single witness at night; need for caution and supportive corroborative or circumstantial evidence. * Medical evidence and photographs corroborating use of deadly weapon (panga). * Credibility of alibi and unsworn defensive statements.
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27 March 2009 |