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Citation
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Judgment date
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| August 2016 |
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Autopsy and the accused’s statement proved unlawful killing but malice aforethought was not established, resulting in manslaughter conviction and sentence.
• Criminal law – Homicide: proof of death and causation; • Malice aforethought: requisite mental element for murder not established on evidence; • Confession: charge and caution statement as evidence to identify perpetrator; • Defences: provocation and self-defence not established; • Sentencing: application of sentencing guidelines and remand credit.
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31 August 2016 |
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Accused convicted of murder for leading prolonged assault on a 71‑year‑old; sentenced to 13 years 2 months imprisonment.
Criminal law – Murder – proof of death despite identity discrepancy – unlawful killing by mob – malice aforethought inferred from prolonged assault on vulnerable victim – identification and common intention – sentence with remand credit.
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31 August 2016 |
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Court convicted the accused of murder and aggravated robbery on eyewitness identification and common intention; sentenced life and 18 years.
Criminal law – Elements of murder and aggravated robbery; eyewitness identification and corroboration; identification parades; doctrine of common intention; sentencing (death vs life) and compensation orders.
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31 August 2016 |
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Court convicted one accused of murder based on admissions and common intention; two others acquitted as recent possession not proved.
Criminal law – Murder – elements: death, unlawful act, malice aforethought, causation; Common intention and co-accused confessions as corroboration; Recent possession doctrine – applicability and limits where delay exists; Sentencing in murder — life imprisonment where death penalty not warranted.
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31 August 2016 |
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Medical evidence and an unrepudiated confession sufficed to convict the accused of aggravated defilement, sentenced with remand set-off.
Criminal law – Aggravated defilement – Proof of age of child – medical age assessment with margin of error accepted as sufficient where birth certificate or parents’ evidence absent. Criminal law – Proof of sexual intercourse – medical evidence of recent bruising can establish penetration. Criminal law – Confession (charge and caution statement) – unrepudiated confession corroborates medical evidence to prove identity of perpetrator. Sentencing – Aggravated defilement – application of sentencing guidelines, mitigation, and remand set-off.
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31 August 2016 |
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Court convicted two men of aggravated defilement, finding age, penetration, identity and corroboration proved and imposing life sentences.
Criminal law – Aggravated defilement – proof of age; sexual penetration; identity of perpetrators. Sexual offences – single identifying/victim witness – need for caution and corroboration. Evidence – medical examination corroborating intercourse; recovery of garments; charge and caution/confessional statements as corroborative evidence. Sentencing – discretion under statutory maximum (death) and principles limiting death to extreme cases; consideration of remand credit and mitigating factors; life imprisonment imposed.
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30 August 2016 |
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Accused convicted of murder based on a dying declaration and eyewitness identification; sentenced with remand credit.
Criminal law – Murder – elements: death; unlawful act; malice aforethought; identity of accused. Evidence – dying declaration and contemporaneous eyewitness identification; reliability at night. Defence – alibi: burden remains on prosecution to disprove beyond reasonable doubt. Sentencing – death penalty reserved for extreme cases; application of Sentencing Guidelines and remand credit.
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30 August 2016 |
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Accused convicted of aggravated defilement; victim’s age, medical evidence and identification proved; sentenced with remand set-off.
Criminal law – Aggravated defilement – Elements: victim under 14, sexual act (penetration/sexual contact), identification of perpetrator. Evidence – Victim testimony corroborated by mother and medical report; factors for safe identification (familiarity, lighting, proximity, duration). Sentencing – application of sentencing guidelines, aggravating and mitigating factors, and mandatory set-off for remand time.
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30 August 2016 |
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Accused convicted of aggravated defilement where age, medical and reliable visual identification evidence proved guilt; sentenced to 10 years 3 months.
Criminal law – Aggravated defilement – Elements: victim under 14 years, sexual penetration, identification of perpetrator – proof beyond reasonable doubt. Evidence – Visual identification – reliability assessed by familiarity, lighting, proximity and duration. Evidence – Medical evidence corroborating sexual penetration (ruptured hymen). Sentencing – Application of Sentencing Guidelines, mitigation, aggravation, and deduction for time on remand.
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30 August 2016 |
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The accused convicted of murder based on dying declaration, medical evidence and corroboration; sentenced to 10 years 6 months imprisonment.
Criminal law – Murder – proof of death and causation; malice aforethought by deliberate attack on a vulnerable part; dying declaration and corroboration; defences of accident and self-defence examined; sentencing — starting point, mitigation and remand credit.
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30 August 2016 |
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Accused convicted of two murders based on reliable eyewitness identifications, proper parade, disproved alibi, and corroborative motive.
Criminal law – murder – proof of death, unlawfulness and malice aforethought; Identification evidence – single witness identification, torchlight identification and reliability; Identification parade – compliance with SsENTALE guidelines and admissibility; Alibi – prosecution’s burden to disprove; Motive – corroborative value of prior threats/attempts and land dispute.
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26 August 2016 |
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Medical proof of defilement existed but identity of the perpetrator was not proved beyond reasonable doubt; accused acquitted.
Criminal law – Aggravated defilement – Elements: age, sexual act, identity and status of accused as person in authority; Evidence – Medical evidence (pregnancy and ruptured hymen) can prove sexual act and age; Evidence Act s.30 – Admission of absent witness’s statement where attendance cannot be procured; requirement that reasonable steps were taken; such statements are of low probative value; Hearsay and corroboration – Third‑party reports and police statements cannot alone establish identity; need for cogent corroborative evidence; Translation/Interpreter – Failure to call interpreter may undermine statement reliability.
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23 August 2016 |
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Medical evidence proved age and sexual act, but lack of identification evidence meant no prima facie case; accused acquitted.
Defilement – Prima facie case under s.73 Trial on Indictments Act – Proof of age and penetration by medical evidence – Identification of accused – Admissibility and limitations of victim’s out-of-court statement to third party – Need for corroborative or cogent circumstantial evidence when victim does not testify.
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23 August 2016 |
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Death and malice proven but identity unproven due to inadmissible hearsay; no prima facie case, accused acquitted.
Criminal law – Murder: prima facie case at close of prosecution (s73 Trial on Indictments Act); Elements of murder – death, unlawful act, malice aforethought, identity; Evidence – hearsay inadmissible (s59 Evidence Act) when eyewitnesses do not testify; burden and standard for calling accused to answer.
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22 August 2016 |
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Repeat offender convicted of aggravated defilement; prior similar conviction admitted to prove identity and propensity.
Criminal law – Aggravated defilement – elements: victim under 14, sexual penetration, identification of perpetrator. Evidence – Corroboration by medical report and contemporaneous distress statements. Evidence Act s.52(b) – admissibility and probative value of previous similar convictions / similar-fact evidence. Sentencing – balancing grievous offence and repeat offending against extreme advanced age; partial suspension of sentence.
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22 August 2016 |
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A prima facie case of murder was established only against one accused; seven accused were acquitted for lack of evidence.
Criminal law – murder – prima facie case at close of prosecution – statutory test under Trial on Indictments Act; identification and participation required to put accused to defence. Homicide – proof of death and unlawful causation – use of post‑mortem and eyewitness evidence. Malice aforethought – inference from weapon, nature and location of injuries. Acquittal at close of prosecution – absence of evidence placing accused at scene or showing common design.
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19 August 2016 |
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Accused convicted of aggravated defilement on victim and medical evidence; sentenced to 12 years 9 months with remand credit.
Criminal law – Aggravated defilement – proof of age, proof of sexual penetration (vestibular bruising constitutes sufficient penetration), single identifying witness reliability, discrediting of alibi and motive; sentencing—death reserved for life‑threatening circumstances; remand credit.
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18 August 2016 |
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Absence and non-attendance alone do not establish a prima facie murder case; circumstantial links must exclude reasonable innocence.
Criminal law – prima facie case under section 73 Trial on Indictments Act; elements of murder (death, unlawful act, malice aforethought, causation); circumstantial evidence — standards for inferring guilt; inadmissibility of hearsay under section 59(a) Evidence Act; absence/flight as corroborative but not standalone proof of guilt.
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18 August 2016 |
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Guilty plea in murder accepted; death penalty declined and accused sentenced to 15 years’ imprisonment.
• Criminal law – Murder – plea bargain – voluntariness and factual basis for guilty plea. • Sentencing – death penalty reserved for most extreme cases; application of Sentencing Guidelines (2013) and starting point of 35 years where death not imposed. • Sentencing – balancing of aggravating (premeditation, victim’s youth, family impact) and mitigating factors (first offender, accessory role, early plea, time on remand). • Court’s acceptance of plea agreement and reduction from guideline starting point.
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18 August 2016 |
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DPP may take over private prosecutions without a formal application; trial magistrate erred in barring DPP from addressing court.
Criminal procedure – Director of Public Prosecutions – power to take over private prosecutions under Article 120(3)(c) – no requirement for formal application – High Court revision to correct illegality – independence of DPP.
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17 August 2016 |
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A Magistrate lacked jurisdiction to take pleas or grant bail where accessory counts were joined with capital offences on the same charge sheet.
Criminal procedure – jurisdiction – gravest count in multi-count charge sheet determines which court has jurisdiction; magistrate without jurisdiction cannot validly take pleas or grant bail for joined accused. Misjoinder – counts and persons – courts may separate counts/persons to avoid miscarriage of justice but only a court with jurisdiction may order separation. Children’s Act – juvenile bail – need for prosecutorial hearing and reasons when granting bail under section 91. Revision – High Court power to quash irregular or null proceedings under Criminal Procedure Code ss.48 & 50.
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15 August 2016 |
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Extreme advanced age and lengthy remand justified non‑custodial disposal for aggravated defilement despite seriousness.
Criminal law – Aggravated defilement – Plea bargaining and acceptance of guilty plea – Sentencing guidelines – Base point 35 years – Advanced age and Regulation 9(4)(a) – Time on remand as part of punishment – Balancing seriousness with offender’s age and risk of reoffending.
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12 August 2016 |
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Court accepted plea bargain and sentenced the accused to ten years for rape of a deaf and dumb victim.
Criminal law – Rape of vulnerable victim (deaf and dumb) – Plea bargaining: voluntariness and factual basis – Sentencing: consideration of aggravating/mitigating factors, remand time, and appellate precedents.
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11 August 2016 |
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Whether deliberate, forceful kicks to vulnerable parts, absent a weapon, constituted murder despite claimed provocation.
Criminal law – Murder – Elements: death, unlawful act, malice aforethought, identity of assailant – Dying declaration admissible and corroborated; Malice inferred from violent kicks to vital parts even without weapon; Provocation (insult of being called a thief) insufficient to reduce to manslaughter; Sentencing – application of sentencing guidelines, mitigation, and remand credit.
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10 August 2016 |
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Whether plea and remorse can avert the death penalty for an exceptionally brutal, premeditated family murder.
Criminal law – Murder (ss. 188, 189 Penal Code) – exceptionally gruesome, premeditated killing – death penalty appropriate despite plea of guilty. Sentencing – mitigation v. aggravation – plea of guilty, remorse and first offender status may not outweigh extreme brutality. Purpose of sentence – retribution and deterrence in 'worst of the worst' murders. Procedural – right to appeal against legality and severity within 14 days.
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10 August 2016 |
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Court declined death penalty; after plea discount and remand set‑off, accused sentenced to six years six months imprisonment.
Criminal law – Aggravated defilement – death penalty reserved for the worst cases – discretion to decline death where aggravating circumstances insufficient. Sentencing – application of statutory sentencing guidelines and appellate precedents to determine starting point. Plea of guilty – entitlement to discretionary discount (one‑third applied as guide). Remand – Article 23(8) and Regulation 15(2) require taking time on remand into account (set‑off). Balancing aggravating and mitigating factors in sexual offences against minors.
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4 August 2016 |
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Court accepted a late plea bargain and sentenced the accused to five years’ imprisonment for defilement despite five years on remand.
Criminal law – Plea bargaining – Late change of plea allowed if knowing, voluntary and factually supported; Sexual offences – Defilement s.129(3) & (4)(b) – victim aged 15, resultant pregnancy; Sentencing – aggravating factor: accused HIV‑positive at time of offence; deterrence weighed against remorse and first‑offender status; Remand – court may decline to treat time on remand as sufficient punishment; Plea agreements – court may accept agreed sentences consistent with sentencing principles and practice.
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2 August 2016 |