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Citation
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Judgment date
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| December 2015 |
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Bail denied where the prosecution case was strong and applicants posed a real risk of absconding.
Criminal procedure – Bail pending trial – Court’s discretion under Article 23(6) – Factors: strength of prosecution case, seriousness/quantum of alleged offence, risk of absconding, adequacy of sureties and proof of fixed abode/dependants – Failure to file rejoinder affidavit and prohibition against adducing evidence from the bar.
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23 December 2015 |
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Appeal dismissed: sufficient evidence linked the applicant to ATM withdrawals, despite improper reliance on co-accused evidence.
Embezzlement; circumstantial and direct evidence linking ATM withdrawals to accused; user IDs, shared passwords and captured ATM card logs; admissibility and use of co-accused evidence under s.27 Evidence Act; harmless error doctrine.
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17 December 2015 |
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Appellate court confirmed four-year sentence, set aside unlawful no-remission order, and reduced excessive compensation.
* Criminal law – Attempted murder – sentence review – appellate restraint unless illegal or manifestly excessive.
* Penal law – Remission of sentence – section 47 Prisons Act – trial courts cannot order deprivation of remission.
* Evidence – Assessment of compensation – need for PF3/medical records to quantify injuries and expenses.
* Compensation – awards must be supported by evidence; appellate reduction permissible if excessive.
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17 December 2015 |
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Conviction quashed where prosecution failed to disprove appellants’ honest claim of right and land ownership remained in dispute.
Criminal law – Theft – Proof beyond reasonable doubt – Claim/colour of right as defence – Ownership dispute over land (Kibanja) – Locus in quo and insufficiency of evidence – Compensation and restitution orders in criminal trials.
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15 December 2015 |
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High Court refuses to intervene in magistrates’ prima facie finding; complaints should be raised on appeal after trial.
Criminal procedure – section 48 CPC – High Court power to call records – propriety of accused requesting call of record; Prima facie finding – challenge at trial stage v. appeal after trial; Evidence – alleged irregularity in Inspectorate of Government investigations – remedy on appeal; Judicial comity – avoiding interference with ongoing trial.
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15 December 2015 |
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Recorded communications and the respondent’s conduct proved solicitation and receipt of a bribe, warranting conviction on appeal.
Criminal law – Corruption – Soliciting and receiving gratification – Whether money was repayment of debt or bribery; evidential value of call data and recorded conversations; effect of absence of receipt book; appellate re-evaluation of evidence.
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9 December 2015 |
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Bank employees convicted for authorising payments against forged documents and failing to verify customer identity, causing bank loss.
Criminal law – Fraud by bank employees – Failure to verify customer identity; Payment against forged identification; Value of CCTV, handwriting expert report and issuer’s disavowal; Knowledge/reason to believe loss would occur; Conviction in face of assessor’s advice to acquit.
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9 December 2015 |
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Prosecution proved theft, use of deadly weapons, and each accused’s participation; all accused convicted of aggravated robbery.
Criminal law – Aggravated robbery – elements: theft, use/possession of deadly weapon or violence, participation of each accused; identification in daylight; admissibility and corroborative value of charge and caution statement; joint liability/common intention (Sections 19(2), 20, 286(3) Penal Code).
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8 December 2015 |
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Prosecution proved theft, firearm use and participation; all four accused convicted of aggravated robbery and sentenced.
* Criminal law – Aggravated robbery – Ingredients: theft, use of deadly weapon, and participation/common purpose. * Evidence – Recovery of property and weapons; identification at scene; admissibility of Charge and Caution Statements (trial-within-a-trial). * Penal Code – Joint offenders and common intention (Sections 19, 20). * Sentencing – Youth, remand credit and seriousness of offence.
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3 December 2015 |
| November 2015 |
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A supervising public engineer convicted for certifying shoddy bridge works causing financial loss and neglect of duty; appeal dismissed.
Criminal law – Abuse of office: elements and proof; Causing financial loss: proof of act/omission, knowledge/reason to believe and quantifiable loss; Neglect of duty: supervisory obligation of public engineers and sufficiency of particulars; Appellate review: re-evaluation of evidence and credibility of expert inspection reports.
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30 November 2015 |
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25 November 2015 |
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Whether theft, use of violence and each accused’s participation in aggravated robbery were proven beyond reasonable doubt.
* Criminal law – Robbery – Elements: theft, use of violence – Proof beyond reasonable doubt. * Identification evidence – eyewitness description, lighting, prior knowledge, identification parade – reliability and sufficiency. * Joint charges – participation/common intention – individual culpability under Sections 21 and 22 Penal Code Act. * Medical evidence (PF3) corroborating use of deadly weapon and grievous harm.
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12 November 2015 |
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Court reversed acquittal, convicted respondent for uttering forged documents and fraudulently disposing trust property; corporate veil pierced.
Criminal law – Uttering a false document (s.351 Penal Code) – Forgery established; participation and knowledge required. Trustee fraud – Fraudulent disposal of trust property (s.322(2)(d) Penal Code). Company law – Lifting/piercing the corporate veil where incorporation and corporate acts are tainted by forgery and used to defraud; remedies include voiding transfers and cancelling land registration entries (Registration of Titles Act s.175). Burden of proof – prosecution must prove offences beyond reasonable doubt.
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12 November 2015 |
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Bail denied for lack of applicant affidavit and insufficient medical and surety evidence.
Bail pending trial; sufficiency of affidavit evidence; medical grounds for bail; section 15(3)(a) certification by prison medical officer; proof of residence and sureties.
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9 November 2015 |
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Court upheld convictions based on direct oral evidence, affirmed compensation order, and reduced sentence to account for 16 months on remand.
* Criminal law – obtaining money by false pretences – sufficiency of oral evidence and corroboration.
* Evidence Act (ss.58–59) – direct oral evidence admissible to prove facts.
* Competence and corroboration – spouse’s testimony may corroborate complainant.
* Restitution – Magistrates’ Courts Act s.197 – compensation order following conviction.
* Sentencing – credit for time on remand must be taken into account.
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3 November 2015 |
| October 2015 |
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Remand periods are taken into account via sentencing guidelines; concurrent custodial sentences within statutory limits were upheld.
Criminal law – Sentencing – consideration of remand periods; Sentencing Guidelines – ‘‘taking into account’’ remand need not be arithmetical; Wildlife Act – importation of specimens without permit; Customs Act – possession of prohibited goods (ivory) – appropriateness of fines where no dutiable value exists.
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28 October 2015 |
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Public officer convicted of embezzlement and false accounting after funds were unaccounted for and accountabilities falsified.
* Embezzlement – public funds requisitioned and received by public officer – elements proven by audit and bank records; * False accounting – knowingly furnishing false statement or return; * Forensic handwriting evidence and witness denials as corroboration; * Refund and attempted refund did not negate criminal liability; * Credibility findings bearing on sufficiency of accountabilities.
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28 October 2015 |
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Appellate court quashed convictions after trial magistrate denied accused the right to call and have defence witnesses' evidence recorded.
Criminal procedure – Right to a fair trial – Duty to record and hear defence witnesses – Magistrates Courts Act s.128 and s.136; Judgment writing – necessity for reasons and impartiality – bias/pre-judgment; Appellate review – Pandya standard; Miscarriage of justice – quashing convictions where defence denied fair hearing.
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19 October 2015 |
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An interlocutory appeal against a finding that there is a case to answer is premature and must await the trial's conclusion.
Criminal procedure – interlocutory appeals – no case to answer – appeal premature until conclusion of full trial – appeal overtaken by events – Section 128 Magistrates’ Courts Act – authority: Twagira v Uganda.
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16 October 2015 |
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Appeal dismissed: conviction, sentence and compensation for obtaining goods by false pretences upheld.
* Criminal law – Offence of obtaining goods by false pretences (s.305 Penal Code) – elements: false pretence, receipt of goods, intent to defraud, knowledge of falsity; corroboration by documentary agreements. * Appellate review – re-evaluation of evidence on record; standard for overturning convictions. * Sentencing – discretion of trial court; interference only if manifestly excessive. * Compensation – power under s.197(1) Magistrates Courts Act to award restitution for material loss.
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14 October 2015 |
| September 2015 |
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Appeal dismissed where trial court properly assessed evidence proving solicitation and receipt of gratification.
Criminal appeal – re‑evaluation of evidence and credibility – solicitation and receipt of gratification (Anti‑Corruption Act) – weight and relevance of trap money and photographs – minor inconsistencies immaterial – planting allegation and requirement to put challenge to witness – search certificate signatures and erasures.
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25 September 2015 |
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Applicant’s appeal against convictions for forgery, uttering and fraudulent land transfer fails; convictions and title cancellation upheld.
Criminal law – forgery; uttering a false document; fraudulent transfer of land under RTA – burden and standard of proof – identity of deceased where multiple name variations – admissibility and weight of handwriting expert evidence – relief under section 177 Registration of Titles Act.
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25 September 2015 |
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Appeal dismissed: trial court properly evaluated evidence, fair hearing given, conviction and 22-month sentence upheld.
Criminal law – evaluation of evidence; plea to charge – accused must know and plead to charge; right to fair hearing – interpretation and participation; credibility and material inconsistencies in prosecution evidence; appeal dismissed, conviction and sentence upheld.
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23 September 2015 |
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Death sentences remitted for mitigation were substituted with 48-year terms after applying sentencing guidelines and crediting time served.
* Criminal law – Murder – Capital sentencing – Remittal by Supreme Court for mitigation and sentencing – Application of Constitution (Sentencing Guidelines) (Legal Notice No.8 of 2013) – aggravating factors (planned, brutal killing; injuries to victim’s son) – mitigation – substitution of death with long-term imprisonment and credit for time served.
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15 September 2015 |
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Daylight eyewitness identification and circumstantial evidence proved murder; alibis rejected and late confessions excluded.
Criminal law – Murder – elements: death, unlawfulness, malice aforethought, participation; Identification evidence – daylight, proximity, prior acquaintance; Circumstantial evidence and common intention; Alibi – burden and credibility; Confessions – inadmissible if unfairly sprung at cross-examination.
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15 September 2015 |
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Conviction alone does not bar bail pending appeal; court granted bail on health, sureties and discretionary grounds.
Bail pending appeal – discretion to grant bail to a convicted appellant – conviction alone not a bar – sufficiency of sureties – applicant’s age and medical condition as factors – prospect of success and delay in hearing appeal.
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11 September 2015 |
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Appellate court upheld assault conviction, sentence and compensation after re‑evaluating evidence and finding no misdirection.
Criminal law – Assault occasioning actual bodily harm; appellate re-evaluation of evidence; production of alleged weapon not essential where other evidence proves injury; sentencing discretion; compensation under Magistrates Courts Act s.197(1).
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11 September 2015 |
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First appellate court upheld conviction for obtaining money by false pretences; evidence and procedure were found sufficient and fair.
Criminal law – Obtaining money by false pretences – Evaluation of direct and circumstantial evidence – Identity documents and matching passport photo as corroboration – Requirements for transfer forms; evidence of signatures sufficient – Procedure: Section 131(2) Magistrates Court Act; addressing court at close of defence not mandatory – Closing defence and refusal to call witnesses: delay, backlog and absence of prejudice.
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4 September 2015 |
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Applicant charged with aggravated defilement failed to prove fixed abode or exceptional circumstances; bail denied.
* Constitutional law – Bail – Article 23(6): bail is a constitutional right but not automatic; court retains discretion.
* Criminal procedure – Trial on Indictment Act s.15(4): onus on accused to prove fixed abode by documentary/evidential proof.
* Criminal procedure – Exceptional circumstances (s.15(1),(3)): required to grant bail in grave/capital offences; absence of proof fatal to application.
* Criminal law – Aggravated defilement: grave/capital offence increases risk of absconding and heightens court’s caution in granting bail.
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4 September 2015 |
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Advanced age and serious illness constituted exceptional circumstances; bail granted pending trial on conditions.
Bail pending trial; High Court jurisdiction to grant bail in capital offences; exceptional circumstances under Section 15 Trial on Indictments Act; advanced age and serious illness (HIV, kidney and liver complications) as grounds for bail; proof of fixed abode and adequacy of sureties.
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4 September 2015 |
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Magistrate’s compensation order under section 197(1) upheld despite appellant’s asserted inability to pay.
Criminal law – Compensation under section 197(1) Magistrates Courts Act – Court’s discretion to order compensation where complainant suffered material loss – Assessment of fairness, reasonableness and accused’s ability to pay – Domestic statute and local precedent preferred over foreign authorities.
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3 September 2015 |
| August 2015 |
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Bail refused due to real risk of witness interference, unrebutted bribery allegations, inadequate sureties and public interest.
* Bail – High Court discretion – whether granting bail prejudices interests of justice; subsidiary questions: attendance, interference, further offending, public interest.
* Exceptional circumstances – section 15(1) T.I.A. – burden on accused to prove on balance of probabilities.
* Economic crime – gravity of offence, large sums, and adequacy of sureties are core considerations.
* Interference with witnesses – unrebutted affidavits and prior bribery allegations can establish real risk justifying refusal of bail.
* Public interest – valid consideration when assessing bail in corruption-related matters.
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30 August 2015 |
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The applicant’s appeal is dismissed: the sentence and refund order were lawful, proportionate and within the magistrate’s powers.
* Criminal law – Sentencing – Appeal against sentence – appellate court will interfere only if trial court acted on wrong principle, overlooked material factors, or imposed manifestly excessive sentence. * Abuse of office – maximum penalty considered in assessing proportionality of sentence. * Magistrates’ powers – section 197 Magistrates Courts Act authorises compensation/refund orders matching government loss.
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30 August 2015 |
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The court dismissed the applicant’s bail application, finding no merit and noting the trial was fixed for 22 September 2015.
* Criminal procedure – Bail – Application under Article 23(6) Constitution and Trial on Indictment Act – Effect of prior dismissal of similar bail application – Complaint of uncertainty as to trial date addressed by court fixing hearing date – Application dismissed for lack of merit.
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26 August 2015 |
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Acquittal set aside; respondents convicted of embezzlement; abuse of office and financial-loss convictions upheld.
* Criminal law – Embezzlement – public officers receiving funds, paper trail ending with accused, and failure to account – conviction justified.* Evidence – documentary admissions and credibility assessment – acknowledgment and court pleadings outweigh internal auditor’s contrary testimony.* Evidence – non-production of books of account – not necessarily fatal where credible witnesses and documentary trail establish non-accountability.* Public law – Abuse of office and causing financial loss – failure to disclose/return funds and conduct in civil suit resulting in council loss.
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26 August 2015 |
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State-appointed counsel for life-penalty offences lawful; cancelled forged titles admissible; convictions upheld but sentences reduced so compensation can be paid.
Criminal law – Forgery and uttering false documents – Admissibility of cancelled/forged certificates of title; Right to state-funded counsel for offences carrying life imprisonment (Article 28(2)(e)); Cross-examination discretionary under Evidence Act s.137(1); Compensation orders under Magistrates Courts Act s.197; Sentencing – concurrency and reduction to facilitate compensation payment.
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24 August 2015 |
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Whether prosecution proved failure to prevent a lawful fire spreading and whether conviction, sentence and compensation were lawful.
Criminal law – arson/fire offences – failure to prevent fire spreading (s.331 Penal Code) – evidential burden and re-evaluation on appeal; Identification – reliability of eyewitness testimony and alibi; Admissibility – unsigned charge/caution statement; Sentencing – fine/default imprisonment within misdemeanor limits; Compensation – magistrate’s discretion under s.197(1) Magistrates' Courts Act.
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24 August 2015 |
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By consent, applicants granted leave to file an appeal out of time and ordered to file appeal documents by 2 September 2015.
* Criminal procedure – leave to appeal out of time – extension of time by consent of parties – fixing timetable for filing Notice and Memorandum of Appeal.
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20 August 2015 |
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Theft conviction for sale agreements upheld; sentence reduced from five to two years as excessive.
* Criminal law – Theft – Whether documentary sale agreements constitute "property" or "valuable security" capable of being stolen under Penal Code sections 2 and 254.
* Evidence – Appellate review – Duty to re-evaluate trial evidence and resolve reasonable doubt in favour of accused.
* Criminal procedure – Charge appropriateness – Theft vs concealment.
* Sentencing – Whether custodial sentence of five years was manifestly excessive given partial recovery and circumstances; reduction to two years.
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17 August 2015 |
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Applicant’s appeal against threatening-violence conviction dismissed; conviction upheld, default imprisonment reduced to 12 months under s.180(d).
Criminal law – Threatening violence (Penal Code s.81(b)) – ingredients: threatening words/acts and accused’s responsibility; identification evidence and minor inconsistencies; insufficiency of vague alibi; sentencing — default imprisonment limited by Magistrates’ Courts Act s.180(d).
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13 August 2015 |
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Appeal dismissed for want of prosecution after appellant paid fine and counsel refused service; conviction and sentence upheld.
Criminal procedure – dismissal for want of prosecution under Section 44(1)(b) of the Criminal Procedure Code Act; effect of appellant’s absence and counsel’s refusal of service; payment of sentence/fine as evidence of lack of interest – upholding conviction and sentence.
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12 August 2015 |
| July 2015 |
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Conviction for defilement held unsafe where medical evidence showed old hymenal rupture and accused’s participation was uncorroborated.
* Criminal law – Defilement – proof beyond reasonable doubt – requirement for corroboration of complainant’s testimony where medical evidence indicates old hymenal rupture.
* Evidence – PF.3 medical report – distinction between old and recent hymenal rupture; absence of fresh signs weakens proof of recent sexual intercourse.
* Evidence – Participation/corroboration – uncorroborated single witness testimony insufficient to convict on serious sexual offence.
* Appeal – Re-evaluation of evidence by first appellate court where record shows scanty and unsafe evidence.
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31 July 2015 |
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Conviction for cattle theft quashed where prosecution relied on hearsay and failed to prove asportation or dishonest intent.
Criminal law – Theft of cattle – Ingredients: asportation, dishonest intent, identity – Burden of proof on prosecution – Hearsay evidence – Improper shifting of burden to accused – Appellate re-evaluation – Miscarriage of justice – Conviction quashed.
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30 July 2015 |
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Appeal dismissed: trial court properly found appellant guilty of ballot-box damage, obstruction of polling and assault; inconsistencies were immaterial.
* Criminal law – Appeal against conviction – Evaluation of evidence and credibility – Witness identification and alibi;* Election offences – Malicious damage to election property and obstruction of polling process;* Assault – Proof of actual bodily harm and role of medical evidence;* Contradictions in prosecution evidence – Materiality to the root of the case.
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21 July 2015 |
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Following the invalidation of the mandatory death penalty, the court resentenced the convict to 38 years' imprisonment after deducting remand time.
* Sentencing — resentencing after mandatory death penalty declared unconstitutional; * Sentencing guidelines — application of paragraph 20 (aggravating circumstances: planned, brutal killing); * Mitigating factors — first offender status, prison and social inquiry reports, capacity to reform; * Credit for time on remand — deduction from total sentence.
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16 July 2015 |
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High Court may order discharge of former criminal lunatics where ministerial inaction causes unconstitutional prolonged detention.
Criminal lunatics – detention pending Minister’s orders under s.48 TIA – High Court inherent jurisdiction to make special orders where Minister fails to act; Section 39 Judicature Act – court may adopt procedure; prolonged remand post-recovery violates constitutional rights.
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10 July 2015 |
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The accused convicted for embezzlement, false accounting, forgery (one count) and uttering false documents based on false accountabilities.
Criminal law – embezzlement and false accounting – public officer status established by contract; forensic document examination and witness denials used to prove false accountabilities; forgery conviction where direct expert linkage exists; uttering false documents convicted where guilty knowledge proved.
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8 July 2015 |
| June 2015 |
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Appellate court quashed convictions for attempted murder and conspiracy due to poor evaluation, inadequate identification and illegal sentences.
Criminal law – attempted murder (s.204 Penal Code) – identification of accused – insufficiency and contradictions in eyewitness evidence; Criminal law – conspiracy to commit a felony (s.390 Penal Code) – requirement of agreement and acts in furtherance; Evidence – inadmissible reliance on extraneous ballistic material and late medical report; Sentencing – fines with default custodial terms must comply with statutory limits; omnibus compensation orders unsupported by evidence are unlawful.
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30 June 2015 |
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Inconclusive medical evidence of penetration and inconsistent child testimony led to acquittal for aggravated defilement.
* Criminal law – Aggravated defilement – elements required: age and penetration; penetration is essential. * Evidence – child witness of tender years requires corroboration; inconsistencies and delayed disclosure affect credibility. * Expert evidence – weight of medical reports where author does not testify; competing expert opinions. * Defence – alibi and corroborating defence witnesses raising reasonable doubt.
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10 June 2015 |
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Eyewitness ID plus recovered weapon and circumstantial evidence proved common‑intention murders; both accused convicted and heavily sentenced.
Criminal law – murder – proof of death and unlawful killing; malice aforethought established by eyewitness and circumstantial evidence; single‑witness identification reliability; recovery and admissibility of exhibits; common intention; alibi rejected.
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8 June 2015 |