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Citation
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Judgment date
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| September 2018 |
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Conviction for rape upheld where victim identification and medical and witness corroboration proved non‑consensual intercourse.
Criminal law – Rape – elements: unlawful sexual intercourse, lack of consent; Identification in night-time offences – familiarity, voice, moonlight, proximity and duration; Corroboration – medical PF3A evidence of genital tears; Sentencing – aggravating (elderly victim, violence) and mitigating factors (first offender, remand deduction).
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18 September 2018 |
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Criminal law
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6 September 2018 |
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Prosecution failed to establish a prima facie case of aggravated defilement; accused acquitted.
* Criminal law – Aggravated defilement – Ingredients of offence – sexual act, victim under 14, accused's participation – requirement to prove each element. * Evidence – Prima facie threshold at preliminary stage – prosecution must adduce credible evidence of essential elements before calling accused to defence. * Medical evidence – PF3A showing no injuries/intact hymen relevant to assessment of prima facie case. * Burden and standard of proof – prosecution bears burden; prima facie lower than beyond reasonable doubt but must be more than a scintilla of evidence.
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3 September 2018 |
| August 2018 |
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Whether aggravated defilement was proved beyond reasonable doubt amid inconsistent medical and witness evidence.
* Criminal law – Aggravated defilement – elements: unlawful sexual act, victim under 14, identity of offender, HIV infection. * Evidence – child complainant’s testimony requires corroboration; medical evidence as corroboration. * Evidence – inconsistencies, failure to produce physical exhibits and unexplained delays can raise reasonable doubt. * Burden of proof – prosecution must prove all ingredients beyond reasonable doubt.
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29 August 2018 |
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Trial court erred by failing to follow plea-bargain rules and mis-sentencing an unrepresented appellant.
Criminal procedure – Plea bargaining (Judicature (Plea Bargain) Rules 2016) – initiation and timing; court’s duty to facilitate negotiations and advise unrepresented accused; sentencing discretion; requirement of proof before labelling an accused a habitual offender; credit for remand and victim compensation.
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24 August 2018 |
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Court balanced sentencing guidelines, belated guilty‑plea discounts and juvenile rehabilitation in aggravated defilement sentences and remand set‑off.
Criminal law – Aggravated defilement of a child – sentencing principles; Sentencing Guidelines – death and life imprisonment reserved for most extreme cases; Guilty plea discounts – belated pleas attract smaller reduction; Children Act – juvenile sentencing, detention as last resort and disposition orders; Remand – statutory requirement to set off time spent on remand.
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24 August 2018 |
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Criminal law
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24 August 2018 |
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23 August 2018 |
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22 August 2018 |
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Circumstantial and identification evidence were insufficient to establish a prima facie case of murder against the accused.
* Criminal law – Trial on Indictments Act s.73 – prima facie case; sufficiency of prosecution evidence to require accused to answer. * Murder – elements: death, unlawful act, malice aforethought, identification of perpetrator. * Circumstantial and identification evidence – reliability and sufficiency to ground conviction. * Forensic/post‑mortem evidence – cause of death and inference of homicide.
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20 August 2018 |
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Court accepted guilty plea to murder, declined death sentence, and imposed 14 years 5 months after remand deduction.
Criminal law – Murder – Plea bargain accepted after court satisfaction of voluntary guilty plea – Sentencing guidelines for capital offences – Mitigating and aggravating factors – Remand time set off from sentence.
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20 August 2018 |
Child-to-child sex – HIV-positive juvenile – guilty plea – remand period – sentencing under the Children Act – rehabilitation – caution and discharge
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20 August 2018 |
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High Court may validate a magistrate's irregular venue for capital offences where transfer is justified by the interests of justice.
Criminal procedure — territorial jurisdiction v. venue — magistrates' limited local jurisdiction; High Court's nationwide jurisdiction; committal/ancillary jurisdiction in capital offences; improper venue as procedural irregularity curable by ratification/validation under s.41/Magistrates Courts Act; transfer of venue guided by interests of justice, fair trial and security considerations.
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20 August 2018 |
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Conviction quashed for unsafe evidence and improper burden-shifting; dispute was essentially civil, not criminal.
* Criminal law – Obtaining money by false pretences – Elements: receipt of money and dishonest intent must be proved beyond reasonable doubt.
* Burden of proof – Remains on the prosecution; trial court must not shift burden to accused.
* False pretences – A statement of future intention is generally not a false pretence.
* Civil v criminal – Promise to perform (contractual disputes) may be civil, not criminal.
* Magistrates Courts Act s.197(1) – Compensation is recoverable by civil suit; execution order inappropriate.
* Evidence – Material contradictions in witness testimony render conviction unsafe.
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15 August 2018 |
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Court relied on medical evidence to find juvenile criminally responsible, rejected a birth certificate, and imposed probation with strict conditions.
* Criminal law – Juvenile offenders – Age determination: court may reject documentary evidence if unreliable and rely on medical evidence under Children Act s107(2). * Criminal law – Aggravated defilement (Penal Code s129) – Death penalty barred for under-eighteens; Children Act limits juvenile detention to three years and makes detention a last resort. * Sentencing – Children Act s94 – factors to balance mitigation and aggravation; credit for guilty plea and remand time. * Disposition – Probation and binding over, conditions, and consequences for breach (re-commitment to custody).
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13 August 2018 |
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The accused convicted of manslaughter was released as time served after mitigation and remand credit reduced the sentence.
* Criminal law – Manslaughter – Sentence: appropriate starting points and reduction for mitigation and remand credit; use of weapon and fatal external haemorrhage as aggravating factor. * Sentencing law – Application of Sentencing Guidelines and precedents; principle of proportionality and parsimony. * Procedural – Credit for time spent on remand under Article 23(8) and Sentencing Guidelines.
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10 August 2018 |
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Court accepted guilty pleas for double murder by poisoning and sentenced the accused to concurrent nine years four months, with remand credited.
* Criminal law – Plea bargaining – Court’s acceptance of a voluntary, informed guilty plea where there is a factual basis. * Murder – poisoning – organophosphate poisoning causing death of two children; multiple victims and vulnerability as aggravating factors. * Sentencing – application of Sentencing Guidelines and appellate precedents; remand credit under Article 23(8) and Regulation 15(2) deducted from agreed sentence. * Sentence – concurrent imprisonment resulting from plea agreement and remand set-off.
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10 August 2018 |
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Court balanced rehabilitation and public protection in sentencing a juvenile for aggravated defilement, imposing probation with strict conditions.
Criminal law – Juvenile sentencing – Aggravated defilement – Children Act prohibits death penalty for under‑18s and limits detention to three years; detention as last resort – Guilty plea credit and remand set‑off – Probation and protective conditions.
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10 August 2018 |
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Juvenile under 18 convicted of aggravated defilement; court applied Children Act: remand credit, guilty-plea discount, probation with non-contact and custody conditions.
* Children — Sentencing — Death penalty inapplicable to offenders under 18 — alternative dispositions under Children Act. * Children — Detention as last resort — factors to consider under s.94 (gravity, rehabilitation prospects, remand credit). * Sentencing — Plea of guilty — permissible mitigation and necessity to state its effect. * Probation — supervision conditions, binding over, residence and non-contact orders; breach consequences.
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10 August 2018 |
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Accused convicted on guilty plea of manslaughter; sentenced after mitigation and remand credit to the custodial term stated.
* Criminal law – Manslaughter – plea of guilty – acceptance of plea and facts establishing manslaughter under ss.187, 190 Penal Code Act
* Sentencing – application of Third Schedule Sentencing Guidelines – starting point and adjustment for mitigating and aggravating factors
* Mitigation – intoxication, provocation, first offender, ill health, remorse, family responsibilities
* Remand credit – deduction of time spent on remand pursuant to Article 23(8) and sentencing regulations
* Use of blunt instrument – relevance to severity but not automatically mandating life imprisonment
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8 August 2018 |
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Court accepted plea bargain for aggravated defilement, imposed 4 years 2 months imprisonment after ten months remand credit.
* Criminal law – Aggravated defilement (s.129(3) & 4(b) Penal Code) – plea bargaining – validity and factual basis of guilty plea; sentencing – aggravating factor: accused HIV positive; mitigating factors: age (18), first offender, dependants, guilty plea; remand credit under sentencing guidelines.
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8 August 2018 |
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Juvenile convicted of aggravated defilement given probation and binding‑over; detention avoided after remand credit and mitigation.
Juvenile sentencing — aggravated defilement — Children Act limits (no death sentence for under‑18s; maximum three years' detention) — detention as last resort — credit for guilty plea and remand time — probation and binding‑over orders — protective conditions for victims.
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8 August 2018 |
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The respondent convicted of aggravated robbery received custodial sentences; the juvenile received probation and binding‑over, with remand credited.
Criminal law – Aggravated robbery with deadly weapons – Sentencing under Sentencing Guidelines – application of mitigating factors including guilty plea, youth and first offender status; deduction of remand time; Children Act — juvenile sentencing as last resort, probation and binding‑over; mandatory compensation under Penal Code s.286(4).
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8 August 2018 |
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Juvenile convicted of aggravated defilement; detention limited by Children Act, guilty plea and remand time resulted in release as time served.
* Criminal law – Children Act – sentencing of juveniles – death sentence precluded for under-18; maximum detention three years – detention as last resort and rehabilitation primary. * Sentencing – guilty plea and time on remand as mitigating factors and set-off under section 94(3). * Sexual offences – aggravated defilement: gravity may justify detention despite youth.
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7 August 2018 |
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A juvenile convicted of aggravated defilement was released as time served after credit for guilty plea, mitigation and remand time.
* Criminal law – Aggravated defilement – juvenile offender – statutory prohibition on death sentence and maximum three years’ detention under the Children Act. * Sentencing – juveniles – detention as last resort; factors for and against custodial disposition (gravity, victim vulnerability, offender's remorse, conduct on remand, prospects for rehabilitation). * Sentencing credit – guilty plea and pre‑trial remand to be taken into account. * Children Act – section 94(1)(g) and section 104(A)(1) implications.
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7 August 2018 |
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Juvenile convicted of aggravated defilement: death prohibited by Children Act; probation with remand credit ordered.
* Criminal law – Aggravated defilement – juvenile offender under 18 – Children Act limits on death penalty and detention; detention as last resort. * Sentencing – considerations for juveniles: gravity, culpability, rehabilitation prospects, guilty plea and remand credit. * Disposition – substitution of probation and binding over where short detention is not useful.
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7 August 2018 |
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Juvenile given benefit of doubt on age and sentenced to nine months' detention for aggravated defilement.
Criminal law – Aggravated defilement; Children Act – age determination and benefit of doubt; juveniles – prohibition of death penalty and maximum detention; sentencing – mitigation for guilty plea and remand credit; rehabilitation vs incapacitation.
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7 August 2018 |
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Juvenile convicted of aggravated defilement sentenced to six months' probation and bound over after remand set‑off.
Children — Age determination under the Children Act — Juvenile sentencing for aggravated defilement — Death sentence prohibited for offenders under 18 — Statutory maximum three years' detention — Detention as last resort — Credit for guilty plea and remand set‑off — Probation and binding over as alternatives to custody.
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7 August 2018 |
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Conviction for aggravated defilement where medical evidence and consistent victim testimony proved all statutory elements beyond reasonable doubt.
Criminal law – Aggravated defilement – elements: unlawful sexual intercourse, victim under 14, identity of perpetrator, authority over victim – proof beyond reasonable doubt; corroboration by medical evidence and witness statements; defence claim of fabrication due to organisational dispute rejected.
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6 August 2018 |
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Juvenile convicted of aggravated defilement found under 18; remand time set off and released under supervised family care.
* Juvenile justice – age determination under section 107(2) Children Act – court may consider appearance and any evidence despite conflicting identity documents; * Children Act – prohibition of death sentence for under‑18s (s.104A(1)) and maximum detention for such offences (s.94(1)(g)); * Sentencing – guilty plea and mitigation under sentencing guidelines (reg.21(k)) may reduce custody; * Remand – time on remand to be set off against detention (s.94(3)); * Conditional release – supervision by probation officer and family placement with breach consequence.
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6 August 2018 |
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Juvenile convicted of aggravated defilement: death prohibited; detention capped and time served set off, resulting in release.
Children — Sentencing — Aggravated defilement by a juvenile — Death sentence prohibited for under‑18s; alternative maximum detention three years under the Children Act — Detention as last resort — Guilty plea and remand time as mitigating factors — Time served set off.
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6 August 2018 |
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Juvenile convicted of aggravated defilement sentenced under Children Act: remand credit, guilty-plea mitigation and probation with conditional custody.
* Children Act – sentencing of juveniles – death penalty inapplicable where offender was under 18; statutory maximum detention three years and detention as last resort; probation as alternative. * Criminal law – aggravated defilement – gravity of repeated sexual intercourse with a nine-year-old. * Sentencing – mitigation for guilty plea, credit for remand time, and consideration of rehabilitation and public protection.
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6 August 2018 |
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Juvenile under eighteen convicted of aggravated defilement; death excluded, remand time set off and released as time served.
Criminal law – Juvenile sentencing – Aggravated defilement – Death penalty precluded for offenders under eighteen; Children Act provides maximum three years’ detention – Detention as last resort – Guilty plea mitigation – Remand time set‑off under s.94(3).
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6 August 2018 |
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Juvenile convicted of aggravated defilement received a one‑year disposition set off by time served, resulting in release.
* Children Act – Sentencing of juveniles – Death penalty excluded for persons under 18; maximum detention three years – Detention as last resort. * Aggravated defilement – gravity, trickery and young victim as aggravating factors. * Sentencing – credit for guilty plea and mitigation; set off of remand time under s.94(3). * Rehabilitation and best interests of the child in disposition decisions.
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6 August 2018 |
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Juvenile convicted of aggravated defilement cannot receive death; detention capped and reduced to seven months after mitigations.
* Criminal law – Aggravated defilement – juvenile offender; Children Act – death penalty prohibited for under 18s; maximum juvenile detention three years. * Sentencing – children’s diminished culpability; detention as last resort; factors for juvenile sentencing. * Mitigation – guilty plea discount; first offender and remorse. * Procedure – remand time to be set off under section 94(3).
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6 August 2018 |
| July 2018 |
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Court admitted the accused's caution statement as voluntary despite torture allegations under the Evidence Act.
Criminal procedure – admissibility of confession/charge and caution statement – voluntariness – Evidence Act ss.23 and 24; allegations of torture and medical evidence; language and reading back; trial within a trial.
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31 July 2018 |
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Convictions based on documents only marked for identification are unsafe; absent exhibits, forgery and uttering offences not proved.
Evidence – Documents marked for identification but not tendered as exhibits are inadmissible for proving forgery/uttering; prosecution must produce and tender disputed documents; insufficiency of circumstantial evidence where foundational documentary proof absent – Sentencing – excessive sentence corrected – Compensation under S.197 Magistrates Court Act cannot stand where conviction unsafe.
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23 July 2018 |
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A court may stay criminal prosecutions arising from a civil land dispute pending civil and appellate determination to avoid conflicting judgments.
Land law; criminal trespass and malicious damage; stay of criminal proceedings pending civil proceedings; abuse of process; injunctions maintaining status quo; risk of conflicting judgments; DPP sanction.
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19 July 2018 |
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Eyewitness identification and conduct at the scene established A1 as a direct perpetrator and A4 as an aider and abettor of murder.
Criminal law – Murder – Proof of death and cause – malice aforethought inferred from prolonged, targeted assault; Identification – visual ID under favourable conditions; Aiding and abetting – brandishing weapon and interrogation as substantial assistance; Age determination – reliability of documentary evidence for juvenile status; Sentencing – differentiation by degree of culpability and deduction for remand.
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13 July 2018 |
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Conviction for aggravated defilement proved by victim, medical and corroborative evidence; sentenced to 12 years 5 months imprisonment.
Criminal law – Aggravated defilement – Elements: age of victim, disability, sexual act, and identification; corroboration required where witness/victim has mental limitations; reliability of visual identification; sentencing guidelines and deduction of remand time.
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12 July 2018 |
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The accused, a teacher, was convicted of aggravated defilement of a girl under 14; sentenced to 15 years 4 months imprisonment.
* Criminal law – Aggravated defilement – elements: age of victim, sexual penetration, person in authority, identity of perpetrator. * Evidence – single identifying witness: dangers, safeguards and corroboration. * Evidence – weight of medical opinion and contemporaneous complaints. * Statutory interpretation – "person in authority" in teacher–pupil relationship extends for protection of the child. * Sentencing – application of sentencing guidelines, aggravating and mitigating factors, and remand set-off.
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4 July 2018 |
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Accused convicted of aggravated defilement of an 11‑year‑old; sentenced to 9 years 10 months after remand set‑off.
* Criminal law – Aggravated defilement – Proof of age: medical/dentition evidence admissible and persuasive. * Criminal law – Sexual offences – Proof of penetration: medical findings and eyewitness corroboration sufficient. * Identification – Proximity and opportunity to identify the accused in daylight. * Sentencing – Death penalty reserved for truly extreme/life‑threatening cases; guidelines starting point and mitigation; mandatory set‑off for remand time.
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4 July 2018 |
| June 2018 |
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A teacher convicted on strong circumstantial evidence and willful blindness for kidnapping a three‑year‑old for ransom.
* Criminal law – Kidnap with intent to procure a ransom – essential elements: unlawful taking/asportation, force/fraud/coercion, specific intent to procure ransom, participation. * Circumstantial evidence – multiple strands must form an unbroken chain excluding reasonable innocent hypotheses; willful blindness may supply requisite mens rea. * Evidence – police statements inadmissible as substantive evidence but may be used to impeach; investigating officer’s hearsay inadmissible. * Sentencing – application of Sentencing Guidelines, mitigation (plea, first offender, age, mental condition) and remand set‑off.
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28 June 2018 |
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Circumstantial evidence and autopsy findings supported inference of malice and conviction, sentencing the accused to 33 years 3 months imprisonment.
* Criminal law – Murder – proof of death and unlawful killing – reliance on post-mortem and scene evidence. * Criminal law – Malice aforethought – inference from nature and ferocity of head injuries. * Criminal procedure – Circumstantial evidence – exclusion of reasonable hypotheses of innocence; need for careful scene processing and forensic testimony. * Sentencing – death not imposed; custodial sentence with remand credit under sentencing guidelines.
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26 June 2018 |
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Intercourse and identity proved by DNA, but acquittal where prosecution failed to disprove consent beyond reasonable doubt.
Criminal law – Rape – elements: carnal knowledge, consent and identity; forensic DNA evidence as proof of identity; credibility and probative value of medical findings (neck injuries versus genital injuries); effect of delay, alleged extortion and third‑party involvement on prosecution credibility; doubts resolved in favour of accused leading to acquittal.
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25 June 2018 |
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Accused convicted on guilty plea for aggravated defilement and sentenced to 5 years 11 months after plea credit and remand deduction.
* Criminal law – Aggravated defilement – sentencing under s.129(3) & (4)(a) Penal Code Act; application of Sentencing Guidelines (2013) and appellate precedents; guilty plea credit; set‑off of remand time.
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19 June 2018 |
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Accused acted in defence of his wife and under provocation; excessive force reduced liability from murder to manslaughter.
Criminal law – Elements of murder – proof of death, unlawful act and malice aforethought; Self‑defence and defence of another – burden of proof and reasonableness of force; Provocation – reduction of murder to manslaughter; Excessive defensive force – manslaughter conviction; Sentencing – credit for time on remand.
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14 June 2018 |
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Prosecution failed to prove accuseds’ participation in aggravated robbery due to unreliable identification, excluded confession and missing exhibits.
Criminal law – Aggravated robbery – Elements: theft, use of violence, weapon, participation – Identification of accused – Single identifying witness – Corroboration – Admissibility of confession – Evidence obtained by torture – Search and seizure – failure to produce search certificates and exhibits – Effect of poor investigation on prosecution case.
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11 June 2018 |
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Guilty plea to aggravated defilement reduced sentence to 4 years 6 months after mitigation and remand credit.
* Criminal law – Aggravated defilement – sentencing principles and application of Constitution (Sentencing Guidelines) (Practice) Directions, 2013. * Mitigating factors – guilty plea and first offender status – discretionary credit. * Remand time – deduction under Article 23(8) and Regulation 15(2). * Appropriateness of death and life sentences where death was not probable.
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11 June 2018 |
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Refusal to recall witnesses after accused obtained counsel breached fair trial rights, prompting retrial and setting aside conviction.
Criminal procedure — fair trial — right to legal representation — recall of prosecution witnesses — functus officio not attracted before final determination; Identification evidence — conditions and corroboration; Circumstantial evidence — sniffer dog skill and recovery of implements; Retrial ordered where procedural unfairness amounts to miscarriage of justice.
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7 June 2018 |