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Citation
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Judgment date
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| October 2017 |
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Appellate court upheld purchaser’s title and trespass finding but reduced excessive general damages and adjusted costs.
Land law – ownership disputes – buyer’s duty of due diligence – admissibility and weight of vendor’s testimony; Evidence – appellate re-evaluation and credibility where a defendant elects not to testify; Civil procedure – grounds of appeal must be concise; Damages – appellate interference where award is excessive/enriching.
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13 October 2017 |
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4 October 2017 |
| September 2017 |
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Criminal law
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30 September 2017 |
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Whether the prosecution proved all elements of aggravated defilement including the accused’s HIV-positive status.
* Criminal law – Aggravated defilement – elements: victim under 18, sexual penetration, identity of perpetrator, HIV-positive status at time of offence.
* Evidence – victim testimony in sexual offence – uncorroborated testimony can suffice if credible; medical exam timing and findings.
* Evidence – alibi and alleged conspiracy – burden remains on prosecution to disprove alibi; implausible grudge insufficient to rebut credible victim evidence.
* Forensic/medical – HIV seropositivity and window period: positive test shortly after offence can establish prior infection.
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30 September 2017 |
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Criminal law
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30 September 2017 |
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Criminal law|Evidence Law
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29 September 2017 |
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Prosecution failed to prove causal link between the accused's assault and the deceased's death; accused acquitted of murder.
* Criminal law - Homicide - Causation: requirement that prosecution prove unlawful causal link between accused's act and death beyond reasonable doubt. * Evidence - Hearsay inadmissible: out-of-court statements about autopsy and doctor's opinion cannot substitute for direct expert testimony. * Evidence - Importance of post-mortem/expert evidence in alleged traumatic deaths. * Trial on Indictments s.87 - Conviction on lesser cognate offence requires remaining ingredients proved and adequate notice; medical evidence required for grievous harm.
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29 September 2017 |
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Criminal law
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29 September 2017 |
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Criminal law
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29 September 2017 |
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29 September 2017 |
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Criminal law
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29 September 2017 |
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Criminal law
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29 September 2017 |
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Criminal law
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29 September 2017 |
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Recent possession of stolen property and corroborated circumstantial evidence upheld the appellant's theft conviction.
Criminal law – Burglary and theft – Circumstantial evidence – Doctrine of recent possession – Possession of stolen property shifts burden to accused to give reasonable explanation – Appellate review of trial magistrate’s evaluation of evidence.
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28 September 2017 |
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Child offender given benefit of doubt on age; juvenile detention limit applied and remand time set off, resulting in six‑month sentence.
* Criminal law – Aggravated defilement of a child – sentencing where accused was a child at time of offence; application of Children Act s.94(1)(d). * Sentencing law – setting off remand time under Article 23(8) Constitution and Regulation 15(2) Sentencing Guidelines. * Mitigating and aggravating factors – victim’s age, element of violence, first offender status, remorse, and rehabilitation potential. * Plea of guilty – conviction on own plea and right to appeal sentence.
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28 September 2017 |
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Accused treated as juvenile; remand credited, sentenced to six months for aggravated defilement.
Criminal law – Aggravated defilement of a minor; Juvenile sentencing – benefit of doubt on age; Children Act s94(1)(d) – maximum detention for child offenders; Remand credit – Article 23(8) Constitution and Sentencing Guidelines Regulation 15(2).
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28 September 2017 |
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Criminal law
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28 September 2017 |
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Prosecution proved beyond reasonable doubt that the accused committed aggravated defilement of a girl under fourteen.
Criminal law – Aggravated defilement – Proof of age of a child (birth records, parental testimony, medical assessment, court observation) – Proof of sexual penetration (victim testimony and medical evidence) – Identification (caught in flagrante delicto) – Accused’s silence does not shift burden of proof.
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27 September 2017 |
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Accused convicted of murder on strong circumstantial evidence proving unlawful death and malice aforethought.
Criminal law – Murder – elements: death, unlawful act, malice aforethought – proof by circumstantial evidence – sufficiency without post‑mortem – alibi disproved – footprints identification – standard of proof beyond reasonable doubt.
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26 September 2017 |
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Accused convicted of rape where victim’s testimony and medical evidence proved penetration, lack of consent, and identity.
Criminal law – Rape – Essential ingredients: carnal knowledge (penetration), absence of consent, identity of perpetrator; use of complainant’s testimony corroborated by medical and witness evidence to displace defence of consent.
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26 September 2017 |
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25 September 2017 |
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Autopsy and close eyewitness identification upheld manslaughter conviction where a fatal assault caused a liver injury.
* Criminal law – Manslaughter – elements: death, unlawful causation, perpetrator’s identification – proof beyond reasonable doubt. * Forensic evidence – post-mortem showing liver capsular haematoma as cause of death. * Identification – visual ID at night; considerations of familiarity, lighting, proximity and length of observation. * Burden of proof – remains on prosecution; accused’s silence does not shift burden.
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22 September 2017 |
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Post-mortem and circumstantial evidence established homicidal strangulation and proved the accused’s guilt beyond reasonable doubt.
* Criminal law – Murder – Elements: death, unlawful causation, malice aforethought, identification of perpetrator; use of post-mortem and circumstantial evidence to infer intent. * Evidence – Circumstantial evidence and inferences: last-seen, delayed reporting, inconsistent explanations. * Forensic pathology – Strangulation and cervical injury as indicators of homicidal death; distinguishing homicide from suicide.
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22 September 2017 |
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20 September 2017 |
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19 September 2017 |
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14 September 2017 |
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Circumstantial evidence, corroborated by medical and police testimony, was sufficient to convict the accused of murder.
Criminal law – Murder – proof of death, unlawfulness and malice aforethought; circumstantial evidence; alibi; failure to produce exhibits or call investigator; admissibility of statements to police.
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11 September 2017 |
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5 September 2017 |
| August 2017 |
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Accused convicted of rape as principals for aiding and abetting under common intention despite not personally committing penetration.
Criminal law – Rape – Proof of penetration and lack of consent – Aiding and abetting – Common intention – Sections 19(1)(b) and 20 Penal Code Act – Indictment sufficiency and prejudice.
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28 August 2017 |
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Accused convicted of raping a three-year-old; child testimony corroborated by mother and medical evidence.
Criminal law – Rape/Aggravated defilement – child victim – age and penetration – unsworn child evidence requiring material corroboration under Section 40(3) Trial on Indictments Act – medical evidence corroboration – alibi discredited.
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21 August 2017 |
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Manslaughter sentence of 5 years 6 months after guilty-plea discount and remand set-off; life term declined due to circumstances.
* Criminal law – Manslaughter – sentencing principles – appropriate starting point, role of aggravating factors (serious head injury, domestic violence). * Sentencing – life imprisonment reserved for worst cases and generally where deadly weapon used. * Sentencing mitigation – guilty plea credit (one-third reduction), first offender, remorse, provocation and family responsibilities. * Procedure – deduction/set-off of time spent on remand under constitutional and regulatory guidance.
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15 August 2017 |
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Guilty plea, mitigation and remand credit reduced a manslaughter starting sentence from twenty years to five years six months.
Manslaughter – sentencing – starting point and aggravating factors; guilty plea discount; remand credit; Sentencing Guidelines (2013); provocation and mitigation.
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15 August 2017 |
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Complainant’s credible testimony and corroborative circumstantial evidence sufficed to convict the accused of rape despite no medical proof of penetration.
* Criminal law – Rape – ingredients: sexual act/penetration, absence of consent and identity of accused. * Evidence – Medical evidence not invariably required to prove penetration; delay may affect findings. * Evidence – Corroboration of adult complainant’s sexual offence testimony is a rule of practice, not mandatory. * Evidence – Circumstantial and eyewitness testimony may suffice to discharge prosecution’s burden beyond reasonable doubt. * Procedure – Defence allegations not raised in cross‑examination may be treated as afterthoughts and attract little weight.
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15 August 2017 |
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Accused convicted on guilty plea for rape sentenced to 3 years 2 months after guideline-based reduction and remand credit.
* Criminal law – Rape – Sentencing – Application of The Constitution (Sentencing Guidelines for Courts of Judicature) (Practice) Directions, 2013.
* Sentencing – Death penalty and life imprisonment – when extreme/very grave circumstances absent.
* Sentencing – Starting point and comparators – reduction for guilty plea and other mitigating factors.
* Sentencing – Remand credit – mandatory set‑off under Article 23(8) and Regulation 15(2).
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15 August 2017 |
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Criminal law
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11 August 2017 |
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The accused convicted of two murders by visual ID and DNA evidence and sentenced to concurrent life imprisonment.
Criminal law – Murder – Elements: death, unlawful killing, malice aforethought; Visual identification at night – caution and corroboration; Circumstantial evidence and forensic DNA on clothing as corroboration; Sentencing – death vs life imprisonment, sentencing guidelines, mitigating youth.
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11 August 2017 |
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Criminal law
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10 August 2017 |
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Criminal law
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10 August 2017 |
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The plaintiff failed to prove malicious prosecution because the prosecution rested on reasonable and probable cause from PAC findings.
* Tort – Malicious prosecution – Elements: institution/instrumentality of proceedings, absence of reasonable/probable cause, malice, termination in favour of plaintiff, and damages.
* Evidence – Burden to prove who instigated prosecution and vicarious liability of corporate/public bodies.
* Public law – State liability under Government Proceedings Act for investigatory/prosecutorial agencies.
* Administrative fact – Findings of District Public Accounts Committee may supply reasonable grounds for investigation and prosecution.
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10 August 2017 |
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Criminal law
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7 August 2017 |
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Criminal law
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7 August 2017 |
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Criminal law
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7 August 2017 |
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Criminal law
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7 August 2017 |
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Criminal law
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7 August 2017 |
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Criminal law
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7 August 2017 |
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Accused convicted of aggravated defilement; victim under 14, penetration and identity proved, sentenced to 9 years 4 months imprisonment.
Criminal law – Aggravated defilement – Proof of age of victim; proof of sexual penetration; identification of accused; assessment of medical and victim evidence; sentencing guidelines and remand deduction.
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7 August 2017 |
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Criminal law
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7 August 2017 |
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Criminal law
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7 August 2017 |
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Criminal law
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7 August 2017 |
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Accused convicted of murder; malice inferred from deadly-weapon head assault and common intention.
Criminal law – Murder: elements – death, unlawful act, malice aforethought; inference of intent from use of deadly weapons and targeting of head; visual identification at night – caution and reliability factors; common intention (s.20 Penal Code) – joint liability; sentencing – application of statutory guidelines, mitigation, and set-off for remand time.
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4 August 2017 |