|
Citation
|
Judgment date
|
| December 2013 |
|
|
Criminal law|Evidence Law
|
19 December 2013 |
|
Criminal law
|
19 December 2013 |
|
Criminal law
|
19 December 2013 |
|
Criminal law|Evidence Law
|
17 December 2013 |
|
Criminal law
|
12 December 2013 |
|
Criminal law
|
6 December 2013 |
|
Criminal law|Evidence Law
|
3 December 2013 |
| November 2013 |
|
|
Criminal law
|
29 November 2013 |
|
Criminal law|Evidence Law
|
29 November 2013 |
|
Criminal law
|
22 November 2013 |
|
Criminal law
|
20 November 2013 |
|
Criminal law|Evidence Law
|
13 November 2013 |
|
Criminal law|Evidence Law|Burden of Proof
|
13 November 2013 |
|
Evidence Law|Burden of Proof
|
13 November 2013 |
|
Criminal law|Evidence Law
|
12 November 2013 |
|
Criminal law
|
12 November 2013 |
|
Criminal law|Evidence Law
|
12 November 2013 |
|
Criminal law
|
11 November 2013 |
|
Evidence Law
|
11 November 2013 |
|
Criminal law
|
4 November 2013 |
|
Criminal law|Evidence Law
|
1 November 2013 |
|
Criminal law
|
1 November 2013 |
|
Criminal law|Evidence Law
|
1 November 2013 |
| October 2013 |
|
|
Evidence Law
|
30 October 2013 |
|
Criminal law|Evidence Law|Burden of Proof
|
30 October 2013 |
|
Prosecution proved rape beyond reasonable doubt despite PF3 showing no penetration, supported by corroborative witness evidence.
Criminal law – Rape – Elements: unlawful carnal knowledge without consent; medical evidence not determinative; oral corroboration (flight, recovered clothing) can establish lack of consent; minor inconsistencies not necessarily fatal to credibility; investigative shortcomings in sexual‑offence cases.
|
30 October 2013 |
|
Accused convicted of murder; provocation/self-defence rejected; malice inferred from weapon, target and circumstances; sentenced to 14 years.
* Criminal law – Murder – Elements: death, unlawfulness, participation and malice aforethought – Proof beyond reasonable doubt.
* Defences – Self-defence and provocation – Requirement of suddenness, heat of passion and objective standard – rejected where evidence indicates planning or targeted attack.
* Evidence – Confession/charge and caution statement and post-mortem report corroborating cause of death; inference of malice from weapon, nature and location of injuries and surrounding circumstances.
* Sentence – Consideration of aggravating and mitigating factors (premeditation v. advanced age and remand).
|
25 October 2013 |
|
Criminal law|Evidence Law|Burden of Proof
|
24 October 2013 |
|
Criminal law
|
23 October 2013 |
|
Criminal law
|
23 October 2013 |
|
Criminal law|Evidence Law|Burden of Proof
|
23 October 2013 |
|
Criminal law|Evidence Law|Cross-Examination|Evaluation of Evidence
|
22 October 2013 |
|
Criminal law|Evaluation of Evidence
|
18 October 2013 |
|
Criminal law
|
16 October 2013 |
|
Criminal law|Evidence Law|Burden of Proof
|
10 October 2013 |
|
Criminal law|Evidence Law|Cross-Examination
|
7 October 2013 |
|
Criminal law|Evidence Law
|
7 October 2013 |
|
Criminal law
|
4 October 2013 |
|
Criminal law
|
3 October 2013 |
|
Criminal law
|
2 October 2013 |
|
An accused committed for High Court trial must prove statutory "exceptional circumstances" for bail; student status alone is insufficient.
Criminal procedure – Bail – Applicability of Article 23(6)(c) after committal to High Court; Bail under TIA s.14 and s.15; Meaning of "exceptional circumstances"; Sureties and proof of abode do not replace statutory exceptional circumstances.
|
2 October 2013 |
|
Accused held over 180 days without committal entitled to constitutional bail despite inadequate documentary proof of exceptional circumstances.
* Constitutional law – Article 23(6)(c) – entitlement to bail where accused held >180 days without committal to High Court
* Criminal procedure – Trial on Indictments Act (ss.13–15) – exceptional circumstances requirement for bail in High Court triable cases
* Evidence – admissibility/authenticity of documentary annexures (certification, headed paper)
* Court power – ability to waive statutory evidential requirements where constitutional protection applies
* Bail conditions – cash deposit, non-cash sureties, periodic reporting to police, local authorities and Registrar
|
2 October 2013 |
|
Criminal law|Evidence Law
|
2 October 2013 |
|
Criminal law|Evidence Law|Burden of Proof
|
2 October 2013 |
|
Criminal law|Evidence Law
|
2 October 2013 |
|
Criminal law
|
1 October 2013 |
|
Criminal law
|
1 October 2013 |
|
Criminal law|Evidence Law|Burden of Proof
|
1 October 2013 |
|
Criminal law
|
1 October 2013 |
|
Criminal law|Evidence Law
|
1 October 2013 |