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Citation
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Judgment date
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| October 2016 |
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Applicant charged with rape granted bail after court found fixed abode and substantial sureties mitigated absconding risk.
Criminal procedure – Bail – Right to apply for bail under the Constitution – Primary consideration is prevention of absconding – Fixed place of abode within jurisdiction and substantial sureties – Special circumstances not mandatory for bail in capital offences.
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25 October 2016 |
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Bail refused due to uncertain residence and unsatisfactory surety despite constitutional presumption of innocence.
Criminal procedure – Bail – constitutional right balanced against requirements for fixed abode and substantial sureties. Evidence – Affidavit by illiterate deponent – requirement of certificate of translation under Illiterates Protection Act. Judicial discretion – when to consider defective affidavits and oral testimony. Bail prerequisites – certainty of residence and informed, substantial sureties to prevent absconding.
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20 October 2016 |
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Medical evidence and daylight identification corroborated the victim, the accused’s alibi failed, and he was convicted of aggravated defilement.
Criminal law – Sexual offences – Aggravated defilement – Elements: victim under 14, sexual act (penetration), identity of assailant – proof beyond reasonable doubt. Evidence – Corroboration in sexual offences – medical report and immediate complaint can corroborate victim’s testimony. Evidence – Alibi – inconsistencies and admissions in police statement can destroy alibi. Identification – daylight identification by a known complainant can suffice as sole identifying evidence.
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19 October 2016 |
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Child’s credible testimony and medical evidence established aggravated defilement despite alleged inconsistencies and claims of a frame-up.
Criminal law – Aggravated defilement – elements: age, sexual act (penetration), identity of perpetrator. Medical evidence – absence of hymen, swollen tender genitalia, timing of injuries corroborating recent penetration. Evidence – credibility of child witness; corroboration by medical reports and complainant’s statement under s.40(3) Trial on Indictments Act. Contradictions – minor inconsistencies in witness accounts not amounting to reasonable doubt. Motive/Allegation of frame-up – assessed and rejected as implausible by the court.
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13 October 2016 |
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Bail denied for lack of proof of fixed abode and substantial sureties amid real risk of absconding.
Bail — Article 23(6) Constitution; Trial on Indictment Act s.14 — requirement of fixed place of abode and substantial sureties; evidentiary weight of national IDs and need for corroboration (LC certification or documentary proof); risk of absconding heightened by capital offence; counsel’s duty to present supporting evidence.
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12 October 2016 |
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Bail refused where sureties were not credible and false statements undermined assurance of appearance.
Bail — constitutional right vs. judicial discretion (Art 23(6)(a)) — primary purpose: secure attendance — sureties must be credible, mature, and geographically/familially proximate — material falsehoods/perjury by applicant or sureties defeat bail.
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12 October 2016 |
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Court convicted two accused of murder on identification and circumstantial evidence; third accused acquitted for insufficient linkage.
Criminal law – Murder: elements (death, unlawfulness, malice aforethought, identification); circumstantial and direct evidence; common intention (s.20 Penal Code Act); identification and vehicle inspection; weight of audio/video recordings; benefit of doubt and acquittal where linkage is insufficient.
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12 October 2016 |
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Conviction for aggravated defilement where a child’s unsworn account was corroborated by eyewitness and medical evidence.
Criminal law – Aggravated defilement – elements: age of victim, sexual act, identity of assailant; Identification in familiar environment; Corroboration of unsworn child evidence s.40(3) Trial on Indictments Act; Medical evidence as corroboration; Admissibility of victim’s report to third party (identification of assailant).
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11 October 2016 |
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Retraction, inducement and language defects in a confession plus unestablished causation led to acquittal for murder.
Criminal law – murder – elements: death, unlawfulness, malice aforethought, participation.* Confession law – Charge and Caution statements – promises/inducements and language barriers may render a retracted confession unreliable.* Corroboration – a retracted confession requires independent corroborative evidence to sustain conviction.* Medical evidence – a post-mortem silent on causation may be insufficient to establish culpable causation.
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10 October 2016 |
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Court accepted the accused's guilty plea for aggravated defilement but increased the agreed 10-year term to 15 years.
Criminal law – Aggravated defilement (child under 14) – plea bargaining – court’s discretion to accept, reject or vary agreed sentence; aggravating factor: victim’s very young age; mitigating factors: accused’s youth, disability, first offender status, time on remand; sentence increased to 15 years.
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6 October 2016 |
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The accused pleaded guilty to three rapes; court imposed consecutive eight-year terms balancing plea discount and aggravating factors.
Criminal law – Plea bargaining – Validity of plea: voluntary, intelligent plea with factual basis required. Sentencing – Rape – consideration of aggravating factors (HIV status, force, multiple victims) and mitigating factors (first offender, remand time, ill-health). Sentencing discretion – concurrent vs consecutive sentences where multiple victims are separately violated. Plea discount – guilty plea before trial may justify reduction from tariff applied after full trial.
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6 October 2016 |
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The accused’s voluntary guilty plea to murder was accepted and he was sentenced to ten years' imprisonment.
Criminal law – Plea bargaining – voluntariness and factual basis required before accepting a guilty plea; Sentencing – Murder (s.188/189 Penal Code) – consideration of Sentencing Guidelines and comparative authorities; Sentencing – balancing aggravating factors (seriousness, prevalence) and mitigating factors (remand duration, ill-health, dependent family, first offender).
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6 October 2016 |
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Court accepted the accused's plea bargain and sentenced him to seven years for aggravated robbery; no compensation ordered.
Criminal law – Aggravated robbery – plea bargaining – acceptance of guilty plea – voluntariness and factual basis. Sentencing – application of Sentencing Guidelines and precedents – mitigation: lengthy remand, HIV status, youth/education. Relief – no compensation ordered where stolen property recovered (s.286(4) Penal Code Act).
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6 October 2016 |
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Guilty plea for aggravated defilement accepted; court reduced proposed 15-year sentence to 10 years due to age and infirmity.
Criminal law – Plea bargaining – Court’s discretion to accept or reject sentence terms of plea agreements; Sentencing – Aggravated defilement involving HIV exposure of a child – balancing aggravating factors (victim’s age, HIV exposure, age disparity) against mitigating factors (advanced age, serious ill-health/blindness, first offender, remand time); Application of sentencing guidelines and precedent.
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6 October 2016 |
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Applicant charged with murder granted bail pending trial upon proof of fixed abode and satisfactory sureties.
Criminal procedure – Bail pending trial – Article 23(6)(a) Constitution and Section 14 Trial on Indictments Act – Section 14 not absolute; court may grant bail absent special circumstances if attendance at trial is assured. Bail conditions – fixed place of abode, substantial sureties, cash and bond amounts, periodic reporting. Seriousness of charge – does not automatically bar bail.
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5 October 2016 |