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Citation
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Judgment date
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| December 2018 |
|
|
Criminal law
|
14 December 2018 |
|
Criminal law
|
13 December 2018 |
|
Criminal law
|
13 December 2018 |
|
Criminal law
|
13 December 2018 |
|
Criminal law
|
6 December 2018 |
|
Criminal law
|
5 December 2018 |
|
Criminal law
|
5 December 2018 |
| November 2018 |
|
|
Criminal law
|
30 November 2018 |
|
Criminal law|Evidence Law
|
30 November 2018 |
|
Criminal law|Evidence Law
|
29 November 2018 |
|
Criminal law|Evidence Law
|
26 November 2018 |
|
Criminal law
|
23 November 2018 |
|
Criminal law
|
23 November 2018 |
|
Criminal law
|
23 November 2018 |
|
Criminal law
|
23 November 2018 |
|
Criminal law
|
23 November 2018 |
|
Criminal law
|
23 November 2018 |
|
Criminal law
|
23 November 2018 |
|
Criminal law
|
23 November 2018 |
|
Criminal law
|
23 November 2018 |
|
Criminal law
|
23 November 2018 |
|
Criminal law
|
23 November 2018 |
|
Criminal law
|
23 November 2018 |
|
Criminal law
|
23 November 2018 |
|
Criminal law
|
23 November 2018 |
|
Criminal law
|
23 November 2018 |
|
Criminal law
|
20 November 2018 |
|
Plea bargain for aggravated robbery accepted; sentence of 4 years 10 months after remand set‑off.
Criminal law – Aggravated robbery – Plea bargaining – Validity and voluntariness of guilty plea – Sentencing guidelines – Discount for early plea – Remand time set‑off.
|
20 November 2018 |
|
Criminal law
|
20 November 2018 |
|
Criminal law
|
20 November 2018 |
|
Criminal law
|
20 November 2018 |
|
Criminal law
|
20 November 2018 |
|
Prosecution proved rape by medical report, circumstantial evidence and a voluntary confession; accused convicted despite an asserted alibi.
Criminal law – Rape – proof of penetration by medical and circumstantial evidence; consent and impersonation; admissibility and weight of charge-and-caution statements (section 30 Evidence Act); alibi and identification issues.
|
16 November 2018 |
|
Appeal allowed; acquittal set aside and retrial ordered due to improper voir dire, jurisdictional defect and procedural irregularities.
Criminal procedure – evidence of child of tender years – voir dire – requirement to record questions and answers; Evidence – unsworn evidence of child requires corroboration – corroboration vitiated where taken by a magistrate lacking jurisdiction; Jurisdiction – Grade One magistrate exceeding jurisdiction renders proceedings nullity; Trial irregularity – compelling prosecution to close prematurely – miscarriage of justice; Remedy – acquittal set aside and retrial ordered.
|
9 November 2018 |
|
Criminal law
|
2 November 2018 |
|
|
1 November 2018 |
| October 2018 |
|
|
Criminal law
|
25 October 2018 |
|
Court convicted two accused of murder on eyewitness and circumstantial evidence and sentenced each to 22 years imprisonment.
Criminal law – Murder – Elements: death, unlawful killing, malice aforethought – Prima facie proof – Eyewitness and circumstantial evidence (bar quarrel, movements, location of body, blood-stained clothing) – Sentence and deduction for time on remand.
|
19 October 2018 |
|
Court convicted both accused of aggravated robbery and each of rape proven by identification and medical corroboration.
* Criminal law – Aggravated robbery – elements: theft, violence, deadly weapon, participation – proven by victim testimony and recovered exhibits.
* Criminal law – Rape – elements: unlawful sexual intercourse, age over 18, lack of consent, identification of assailant – medical PF3A corroboration.
* Evidence – Identification at night – reliability assessed by familiarity, lighting (torches), proximity and duration; mistaken identity ruled out.
* Evidence – Defence alibi rejected where prosecution evidence is cogent and corroborated by exhibits and medical reports.
|
19 October 2018 |
|
Criminal law
|
15 October 2018 |
|
Criminal law
|
15 October 2018 |
|
Criminal law
|
15 October 2018 |
|
|
4 October 2018 |
|
Appellants' honest claim of right and failure to prove malicious damage resulted in quashed convictions.
Criminal law – honest claim of right (s.7 Penal Code Act) – criminal trespass – elements of possession and intent – malicious damage to property – requirement of willful and unlawful damage – civil remedy versus criminalization of land disputes.
|
3 October 2018 |
| September 2018 |
|
|
Proceedings before a magistrate without jurisdiction for life-imprisonment offences are null and must be quashed and retried.
Criminal procedure – jurisdiction of magistrates – S.161 Magistrates Courts Act – Grade I Magistrate cannot try offences with maximum penalty of life imprisonment; proceedings in a court without jurisdiction are null and quashed. High Court revision powers – S.50 Criminal Procedure Code; S.51 discretion to hear parties. Remedy – retrial before a competent Chief Magistrate.
|
28 September 2018 |
|
|
26 September 2018 |
|
Second accused convicted of murder; first and third acquitted; sentence of 20 years reduced for remand to 17 years 6 months 6 days.
Criminal law – Murder – proof of death and unlawful killing; malice aforethought inferred from injuries and conduct; evidential sufficiency for participation of co-accused; conviction of one accused and acquittal of others; sentencing with remand deduction.
|
24 September 2018 |
|
Criminal law
|
24 September 2018 |
|
The accused were convicted of aggravated robbery despite an imperfect identification parade, with circumstantial evidence and remand credit informing a 16.5-year sentence.
* Criminal law – Aggravated robbery – elements: theft, actual violence or threat, deadly weapon, participation. * Identification – contemporaneous identification and description; procedural defects in identification parade; reliance on circumstantial and corroborative evidence. * Trial procedure – assessors’ opinion not binding on judge. * Sentencing – balancing aggravating factors (use of knives, need for deterrence) and mitigating factors (first offenders, youth, remand credit); remand time credited.
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19 September 2018 |
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Accused convicted of rape; identification and lack of consent proved, sentenced to 14 years 7 months 18 days effective imprisonment.
Rape — proof of unlawful sexual intercourse and lack of consent; single-witness identification — caution and reliability factors; medical evidence (PF3A) corroboration; sentencing — aggravating (victim vulnerability, use of force) and mitigating (first offender, remand credit).
|
18 September 2018 |