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Citation
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Judgment date
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| April 2018 |
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Forensic evidence disproved suicide; police officers and civilians convicted for joint murder and staging of death.
Criminal law – Murder in custody – Forensic evidence excluding suicide – Access to police cells by civilians – Common intention and joint liability under section 20 – Staging death as suicide – Acquittal of neutral medical witness.
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30 April 2018 |
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Prosecution failed to prove sexual penetration in aggravated defilement; accused acquitted for lack of a case to answer.
Criminal law – Aggravated defilement – Elements: victim under 14, a sexual act (penetration however slight), and accused’s commission of the act
Evidence – sufficiency for prima facie case under s.73(1) TIA. Child testimony – reliability and descriptive capacity. Medical evidence – absence of penetration and evidential weight of intact hymen and superficial inflammation
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30 April 2018 |
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Court set off remand, then substituted short custodial sentences with three months’ community service for theft and threatening violence.
Criminal law – Sentencing after guilty plea – Deduction of time spent on remand – Use of Community Service Act to substitute imprisonment for minor offences – Restitution and reconciliation as mitigating factors.
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20 April 2018 |
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Whether identification and circumstantial evidence established aggravated robbery and justified custodial sentences plus compensation.
Criminal law – Aggravated robbery – ingredients: theft (asportation), use/threat of violence, possession of deadly weapon, participation by accused. Identification evidence – reliability assessed by opportunity to observe, daylight, proximity, prior acquaintance; minor discrepancies not fatal
Evidence – failure to produce physical exhibits not necessarily fatal where detailed descriptions and corroborative tracking and medical evidence exist
Sentencing – application of sentencing guidelines, consideration of aggravating/mitigating factors, deduction for remand, and mandatory compensation order under s.286(4)
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16 April 2018 |
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Applicant found fit to stand trial; court dismisses application despite Minister's inaction under section 45.
Criminal procedure – mental fitness to stand trial – distinction between s45 (unfitness to make defence) and s48 (not guilty by reason of insanity); Ministerial role under s45(5) vis-à-vis court’s inherent jurisdiction; test for fitness: understanding proceedings, consequences, and ability to communicate with counsel; medical evidence as aid, not sole determinant.
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13 April 2018 |
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Accused acquitted where prosecution failed to prove murder or link the accused; no case to answer under s.73(1).
Criminal law – Murder – sufficiency of evidence – identification of remains and clothes – hearsay – missing eyewitness – no case to answer under s.73(1) Trial on Indictments Act – acquittal.
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13 April 2018 |
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A prior assault conviction did not bar later murder prosecution where the victim subsequently died, so trial may proceed.
Criminal law – double jeopardy (autrefois acquit/convict); plea of guilty as conviction; proof of prior conviction; test of sameness of offences; subsequent death creating distinct offence (murder) – limits on autrefois convict.
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9 April 2018 |
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Gaps in evidence and failure to call a key police witness created reasonable doubt, resulting in acquittal for lack of proof.
Criminal law – Murder – elements: proof of death, unlawfulness, malice aforethought and participation – burden on prosecution – failure to call key operational/investigative witness breaks chain of evidence – no case to answer considerations – acquittal for failure to prove case beyond reasonable doubt.
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5 April 2018 |
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Court accepted a voluntary guilty plea and imposed five years’ imprisonment for aggravated defilement of a twelve‑year‑old.
Criminal law – Aggravated defilement – plea bargaining and guilty plea – voluntariness and factual basis required; sentencing – application of Sentencing Guidelines and appellate precedents; remand time as mitigating factor.
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4 April 2018 |
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Court accepted a voluntary guilty plea for rape and imposed three years’ imprisonment after applying plea discount and remand credit.
Criminal law – Rape – Plea bargaining – Validity of guilty plea and factual basis – Sentencing – Discount for early plea and credit for remand time – Consideration of aggravating and mitigating factors.
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4 April 2018 |
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Court amended rape charge to indecent assault, convicted on plea, and reduced the agreed five-year sentence to two years imprisonment.
Plea bargaining — voluntariness and factual basis; Amendment of indictment from rape to indecent assault where carnal knowledge not established; Court’s discretion to reject agreed sentence; Sentencing Guidelines and remand credit.
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4 April 2018 |
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Court accepted a guilty plea to aggravated defilement and reduced the plea‑agreed five‑year term to four years' imprisonment.
Criminal law – Plea bargaining – Validity and acceptance of a guilty plea – requirement of a voluntary, knowing plea and adequate factual basis. Sexual offences – Aggravated defilement – evidential weight of medical reports (PF24/PF3A) and accused’s admissions
Sentencing – Consideration of aggravating and mitigating factors, sentencing guidelines and appellate precedents; effect of time on remand on final sentence
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4 April 2018 |
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Court accepted the accused's guilty plea in a rape case, applied a guilty-plea discount and remand credit, imposed three years.
Criminal law – Plea bargaining – Requirements for a valid plea: voluntary, knowing, and supported by factual basis. Criminal law – Rape (Penal Code c/s 123, 124) – Sentencing considerations: aggravating and mitigating factors, guilty-plea discount, and remand credit
Sentencing – Application of sentencing guidelines and appellate precedents in accepting plea agreements
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4 April 2018 |
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Court accepted voluntary guilty plea to murder and imposed a 12-year custodial sentence after applying sentencing guidelines.
Criminal procedure – Plea bargaining – Acceptance of voluntary guilty plea with factual basis; Sentencing – application of sentencing guidelines and comparable authorities; Remand credit considered.
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4 April 2018 |
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Court dismissed prosecution for want of prosecution due to unexplained witness absence, discharging the accused.
Criminal procedure – dismissal for want of prosecution – repeated unexplained absence of witnesses; adjournment vs dismissal Right to speedy trial – prolonged remand may violate constitutional rights and constitute abuse of process Duty of prosecution/investigating officers to maintain witness contact details and provide explanations for non-attendance Statutory provisions: Trial on Indictments Act (absence of witnesses) and Judicature Act s17(2) (dismissal)
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4 April 2018 |