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Citation
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Judgment date
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| May 2018 |
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Co-accused guilty plea and recovery of body parts do not establish common intention; no case to answer for two accused.
Criminal law – Murder – Elements of murder established (death, unlawfulness, malice aforethought); Common intention (s.20 Penal Code Act) – requirement of proof of participation; No case to answer – court may acquit where prosecution fails to establish prima facie case; Effect of co-accused guilty plea on liability of others.
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31 May 2018 |
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Prosecution failed to prove the accused participated in the murder; acquitted on no case to answer.
Criminal law – Murder – No case to answer – Application of Bhatt v R standard – Circumstantial evidence and presence of alleged incriminating object – Insufficient proof of participation – Acquittal under s.73(1) TIA.
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31 May 2018 |
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Death and malice proved but prosecution failed to prove accuseds' participation; accused acquitted on no case to answer.
Criminal law – Murder: ingredients (death, unlawfulness, malice aforethought) – Identification and corroboration of single eyewitness evidence – Insufficient evidence and failure to exhibit physical evidence – No case to answer; acquittal under s.73(1) T.I.A.
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31 May 2018 |
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30 May 2018 |
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30 May 2018 |
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30 May 2018 |
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30 May 2018 |
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Accused convicted of murder based on an accepted dying declaration corroborated by circumstantial evidence and aiding-and-abetting liability.
Criminal law – murder – proof beyond reasonable doubt; dying declarations – reliability and need for corroboration where contradictions exist; circumstantial evidence and presence at scene; aiding and abetting under s.19(1)(c) Penal Code; common intention and joint liability.
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24 May 2018 |
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Accused convicted of aggravated defilement where victim’s age, medical evidence and identification proved guilt beyond reasonable doubt.
Criminal law – Aggravated defilement – sexual act on child under 14 – proof of age and penetration using medical report (PF3) and witness evidence
Identification – victim’s contemporaneous identification of accused known to her
Evidence – flight and concealment as evidence of guilty mind
Sentence – aggravating deliberate targeting; mitigation for youth; credit for time on remand
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23 May 2018 |
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Registered leasehold title is presumptively indefeasible; unproven customary claims and alleged fraud do not defeat registered ownership; trespass remedied by injunction and damages.
Land law – Torrens system; indefeasibility of registered title; fraud and rectification of title; part‑parcel adverse possession; trespass to land; remedies – injunction, damages, interest, costs.
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17 May 2018 |
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Second accused convicted for murder on circumstantial evidence and recent possession; first accused acquitted.
Criminal law – Murder: proof of death and unlawful killing; malice aforethought inferred from strangulation and mutilation; circumstantial evidence and alibi; recent possession doctrine; non-production of physical exhibit — vivid description may suffice.
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17 May 2018 |
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Dying declaration and circumstantial evidence established accused's malice and guilt for brutal murder of a five‑year‑old; sentenced to life.
Criminal law – Murder – elements: death, unlawful causation, malice aforethought, identification; Evidence – dying declaration and requirement for corroboration; Inference of intent from severity and location of assault on a child; Sentencing – discretion between death and life imprisonment for brutal killings.
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17 May 2018 |
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Accused acquitted of murder but convicted of manslaughter for assault causing fatal intracranial injuries; sentenced to 8 years 8 months.
Criminal law – Causation: application of natural consequences and substantial cause tests; novus actus interveniens. Criminal law – Dying declarations: admissibility and need for caution and corroboration. Murder vs manslaughter: requirement to prove malice aforethought; when lesser cognate offence may be substituted under s.87 Trial on Indictments Act. Sentencing: application of sentencing guidelines, starting point, mitigation, and deduction for time on remand
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17 May 2018 |
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Accused convicted of murder where malice aforethought inferred from brutal, corroborated assault; sentenced to 20 years 4 months.
Criminal law – Murder – proof of death and unlawful causation; malice aforethought inferred from weapon, target and severity; retracted confession requiring corroboration; joint liability/common intention; sentencing and remand set-off.
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17 May 2018 |
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Court found age, sexual intercourse and identity proven beyond reasonable doubt and sentenced the accused to ten years’ imprisonment.
Criminal law – Simple defilement – proof of age of victim; medical and observational evidence. Criminal law – Sexual act – medical evidence (ruptured hymen, discharge) corroborating penetration
Evidence – Visual identification at night – need for caution; factors: familiarity, light, proximity, duration, corroboration
Sentencing – application of Sentencing Guidelines; aggravating and mitigating factors; deduction for remand time
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17 May 2018 |
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Whether prosecution proved aggravated defilement of a child under 14 and the appropriate custodial sentence.
Criminal law – Aggravated defilement – elements: age under 14, sexual act (penetration), identity of perpetrator
Evidence – victim’s testimony and requirement of corroboration under s.40(3) Trial on Indictments Act; use of contemporaneous statements (s.156 Evidence Act) to parents as corroboration. Medical evidence – ruptured hymen and findings consistent with recent penetration and semen
Identification – single-witness visual identification: factors of familiarity, proximity, duration and lighting
Sentencing – application of Constitution (Sentencing Guidelines) Directions 2013, consideration of aggravating/mitigating factors, remand set-off
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17 May 2018 |
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Accused convicted of murder where malice inferred from deadly-weapon assault and credible identification; sentenced to 19 years' imprisonment.
Criminal law – Murder – Elements: death, unlawful causation, malice aforethought – Malice may be inferred from use of deadly weapon and targeting vulnerable body parts; Identification evidence – eyewitness identification under favorable conditions – Participation and modes of liability under section 19 Penal Code Act (aider/abettor, joint enterprise) – Sentencing – application of constitutional sentencing guidelines, starting points for capital offences, and deduction of remand time.
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16 May 2018 |
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Accused convicted of aggravated defilement of a ten‑year‑old disabled child; sentenced to six years two months after remand set‑off.
Criminal law – Aggravated defilement (s129(3) & (4)(c)) – proof of age and disability; Evidence – visual identification: familiarity, lighting, proximity and duration; Medical corroboration – ruptured hymen and signs of penetration; Sentencing – application of sentencing guidelines and remand set‑off.
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16 May 2018 |
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Prosecution failed to prove accused participation in homicide due to contradictory police evidence and inadequate investigation.
Criminal law – Murder – Elements: death, unlawfulness, malice aforethought, causation and participation – burden of proof on prosecution
Evidence – Credibility – Material contradictions between a police witness’s self‑recorded statement and court testimony undermine prosecution case. Criminal procedure – Investigation – Failure to call key police officer and absence of forensic examination of weapon weakens prosecution proof. Reasonable doubt – Where alternative credible account exists (police or mob caused death), accused must be acquitted
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16 May 2018 |
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A dying declaration and corroborated admission established the accused’s participation in murder; sentenced to 25 years 6 months imprisonment.
Criminal law – Murder – Elements: death, unlawful act, malice aforethought, and perpetrator’s participation
Evidence – Dying declaration admissibility and need for corroboration; retracted confession and corroborative value of independent testimony. Criminal liability – Section 19 Penal Code Act: participation, aiding and abetting, modes of liability
Sentencing – Sentencing guidelines starting point for non-capital murder (35 years), mitigation for youth/first offender/accessory role, and set-off for remand time
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16 May 2018 |
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De facto step‑father convicted of aggravated defilement based on voice/visual identification and fiduciary relationship; sentenced to 20 years 2 months.
Criminal law – Aggravated defilement – elements: age, sexual act (penetration), identity, person in authority. Proof of age – birth certificate and parental testimony preferable; uncertainty resolved in favour of accused
Identification – reliability of night-time visual and voice identification where witness was familiar with accused. Fiduciary relationship/in loco parentis – establishes person in authority as aggravating factor
Sentencing – application of sentencing guidelines, consideration of aggravating/mitigating factors and mandatory remand deduction
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10 May 2018 |
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Homicide and malice proved, but unreliable identification and insufficient circumstantial evidence led to acquittal of the accused.
Criminal law – Murder – elements: death, unlawful act (homicide), malice aforethought, identity of perpetrator; Identification evidence – single witness observed at night; dangers and need for caution; Circumstantial evidence – must exclude other reasonable hypotheses and produce moral certainty; Acquittal where prosecution fails to prove guilt beyond reasonable doubt.
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10 May 2018 |
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Prosecution proved aggravated defilement; accused convicted and sentenced to 16 years 1 month imprisonment.
Criminal law – Aggravated defilement (s.129 Penal Code Act) – proof of age, proof of penetration, identification and corroboration of single visual witness (s.40(3) Trial on Indictments Act) – sentencing: application of sentencing guidelines, aggravating/mitigating factors and remand set-off.
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9 May 2018 |
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Accused convicted of aggravated defilement on reliable identification and corroboration; sentenced to 11 years 4 months after remand set‑off.
Criminal law – Aggravated defilement – proof of age of child – court observation and victim testimony as proof; Criminal law – Sexual act – slightest penetration sufficient; Evidence – Visual identification by single witness – warnings, familiarity, lighting, proximity and duration; corroboration by immediate statement to relative; Sentencing – Death penalty reserved for life‑threatening/extremely grave circumstances under guidelines; remand period to be set off.
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9 May 2018 |
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Prosecution failed to establish a prima facie murder case under s73(1) TIA; accused discharged for insufficient evidence.
Criminal law — Trial on Indictments Act s73(1) — prima facie case; Circumstantial evidence — sufficiency and reliability; Hearsay and failure to call key witnesses (finder of body, dog handler) — weight of evidence; Investigative deficiencies — no searches, no exhibits; Defective indictment — omission of unlawfulness and malice aforethought; Discharge for lack of prima facie case.
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6 May 2018 |
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One accused convicted of murder on confession and dying declarations; co‑accused acquitted for insufficient proof.
Criminal law – Murder: proof of elements (death, unlawful killing, malice aforethought, identification); admissibility and weight of dying declarations (s.30 Evidence Act); admissibility and effect of charge and caution/confession properly recorded (s.24 Evidence Act); identification by corroboration and circumstantial evidence; sentencing—youth, remand credit and mitigation.
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4 May 2018 |
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Court convicted accused of murder based on post‑mortem, clinical evidence, identification and dying declaration; sentenced to 18 years imprisonment.
Criminal law – Murder – Elements: death, unlawfulness, malice aforethought, identification
Evidence – Medical (post-mortem) and clinical evidence supporting cause of death
Identification – reliability of eyewitness identification and dying declaration
Defence – attempted blame on absconded co-accused rejected as afterthought
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4 May 2018 |
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Acquittal where participation in murder was not proved; hearsay and rumours insufficient to defeat no‑case submission.
Criminal law – Murder – Elements: death, unlawful causation and malice aforethought established by post‑mortem; participation not proved. Criminal procedure – Submission of no case to answer – Bhatt test applied; where no reasonable tribunal could convict, accused has no case to answer
Evidence – Weight of hearsay, community rumours and uncorroborated testimony insufficient to establish participation
Penal Code s.19 – Liability as aider/abettor cannot be predicated on an uncharged and unproven principal
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4 May 2018 |
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Accused acquitted where identification parade was flawed, witness contradictions existed, and alleged theft amount was unproven.
Criminal law – identification evidence – improperly conducted identification parade – failures to record answers, clothing and attendant officers render identification unreliable
Evidence – contradictions between witnesses on key facts undermine prosecution case. Proof of property – absence of documentary accounting records weakens allegation of specific amount stolen. Criminal procedure – where no prima facie case established, court may enter not guilty pleas and acquit under S.73(1) TIA
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4 May 2018 |
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Conviction for murder on circumstantial evidence, dying declaration and identification; sentence 25 years imprisonment.
Criminal law – Murder – elements: death, unlawful causation, malice aforethought, identification – requirement of proof beyond reasonable doubt
Evidence – Circumstantial evidence and dying declarations (s.30(a) Evidence Act) – admissibility and weight where they produce moral certainty
Identification – voice identification, possession of accused’s property (cap) and flight as corroborative circumstances
Sentencing – balancing deterrence and rehabilitation; deduction of time on remand
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2 May 2018 |