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Citation
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Judgment date
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| October 2019 |
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A trial court wrongly stayed an ongoing criminal prosecution for land offences in favour of a later civil suit.
Criminal procedure – Revisionary jurisdiction – Misapplication of section 209 MCA to stay previously instituted criminal proceedings in favour of later civil suit; criminal matters ordinarily take precedence over civil disputes; caution against criminalizing land disputes; DPP’s duty to consider public interest.
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2 October 2019 |
| August 2019 |
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Double jeopardy bars concurrent trials in the second forum; plea requires accused’s personal presence; military detainees should be produced, not arrested.
Criminal procedure — revision under s.48 CrPC — double jeopardy and concurrent proceedings; arraignment and plea‑taking personal to accused; when defence of double jeopardy may be raised; jurisdictional interaction between civilian magistrates and UPDF disciplinary fora; arrest warrants versus production warrants for persons in military custody.
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20 August 2019 |
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7 August 2019 |
| July 2019 |
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Whether the trial magistrate erred in managing defence witnesses, service of summons, and alleged bias.
Criminal procedure – Revision (Judicature Act s.17; CrPC ss.48,50) – Trial management and discretion – Service of witness summons and role of process servers – Right to adequate facilities to prepare defence – Adjournments and closing defence case – Judicial impartiality and alleged bias.
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31 July 2019 |
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Circumstantial evidence and recovery of stolen property established a prima facie case; accused ordered to put on defence.
Criminal procedure – No case to answer – Legal test for prima facie case (Brett v R) – Circumstantial evidence – Recovery of stolen property identified by chassis/engine numbers despite forged logbook – Chain of sale linking accused – Accused to be called to put on defence.
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11 July 2019 |
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Mental illness and prolonged death‑row delay justified substituting death with a 25‑year custodial sentence.
Criminal law – Sentencing – Substitution of death sentence after Kigula – Mental illness (schizophrenia) as mitigating factor – Death row delay and death‑row syndrome – Life imprisonment versus fixed term – Remand time deduction.
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11 July 2019 |
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5 July 2019 |
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3 July 2019 |
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Accused convicted of two counts of aggravated defilement based on victims’ testimony and medical corroboration; consecutive sentences imposed.
* Criminal law – Aggravated defilement – elements: victim under 14, sexual act (penetration), identity of perpetrator; corroboration by medical evidence. * Evidence – identification and credibility of child witnesses; admissibility and weight of immunization cards and medical reports. * Sentencing – aggravating factors (victim’s age, abuse of trust) and mitigation (first offender, remand credit); consecutive sentences.
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2 July 2019 |
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Accused convicted of aggravated robbery based on reliable identification and confession; sentenced to effective 20 years with remand credit.
Criminal law – Aggravated robbery – elements: theft; violence; use of deadly weapon (panga); participation. Identification evidence – torchlight and police station identifications; corroboration by charge and caution statement. Medical evidence corroborating assault. Sentencing – aggravating/mitigating factors; remand credit.
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2 July 2019 |
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Death and malice proved, but prosecution failed to link the accused to murder or robbery beyond reasonable doubt.
Criminal law – Murder: elements (death, unlawful killing, malice aforethought) may be inferred from injuries; Evidence – identification and proof: reliance on hearsay from non‑testifying informants undermines prosecution case; Recovered property: proper identification and production required to link accused to theft; Aggravated robbery: theft, violence and deadly weapon inferred from wounds but accused must be placed at scene.
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2 July 2019 |
| June 2019 |
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27 June 2019 |
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27 June 2019 |
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Death, unlawfulness and malice proved, but accused acquitted due to hearsay and lack of evidence linking them to the killing.
Criminal law – Murder: elements (death, unlawful act, malice aforethought, causation); Evidence – hearsay inadmissibility (Evidence Act ss.58–59); Forensic evidence – post‑mortem establishing strangulation; Identification/causation – requirement for direct or reliable circumstantial proof; Investigative witnesses – need to call sniffer dog handler where relied upon.
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25 June 2019 |
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Prosecution proved aggravated defilement beyond reasonable doubt; juvenile convicted but cautioned under the Children’s Act.
* Criminal law – Aggravated defilement – elements: age of victim, sexual penetration, identity of offender; * Evidence – victim’s testimony corroborated by medical report (ruptured hymen) sufficient for proof beyond reasonable doubt; * Identification – cohabitation and contemporaneous sighting reduce risk of mistaken identity; * Burden of proof – remains on prosecution; conviction may follow despite accused’s silence and assessors’ contrary opinion; * Children’s law – sentencing juveniles; caution under section 94(1)(b) of the Children’s Act as a non-custodial disposal.
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21 June 2019 |
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Prosecution failed to prove aggravated defilement beyond reasonable doubt due to inconclusive medical evidence and testimonial inconsistencies.
Criminal law – Aggravated defilement – Ingredients: victim’s age, sexual act (penetration), disability, identification – Proof beyond reasonable doubt – Medical evidence versus victim testimony – Credibility, contradictions and motive (grudge) as grounds for reasonable doubt.
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21 June 2019 |
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A magistrate cannot, after a final compensation order, condition beneficiaries' payment on production of Letters of Administration.
Criminal revision; compensation under s.197 Magistrates Courts Act; requirement for Letters of Administration; functus officio; payment to complainants/relatives.
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17 June 2019 |
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Accused convicted of aggravated robbery on reliable identification and weapons evidence; acquitted of rape and sentenced with remand credit.
* Criminal law – Aggravated robbery – elements: theft, violence, use/threat of deadly weapon, participation/identification. * Evidence – identification at scene by victims using motorcycle light and prior acquaintance; reliability of identification. * Criminal law – Acquittal for rape where proof insufficient. * Sentencing – aggravating/mitigating factors and credit for time on remand.
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7 June 2019 |
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Accused acquitted where prosecution failed to prove penetration, non‑consent and identity beyond reasonable doubt.
Criminal law – Rape: essential ingredients (penetration, lack of consent, identity) – proof beyond reasonable doubt – role of medical evidence – effect of inconsistencies in identification evidence.
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7 June 2019 |
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Prosecution failed to establish a prima facie case of aggravated robbery and rape; accused acquitted under s.73(1).
Criminal law – burden of proof; prima facie case required before calling accused to defence – identification and credibility of witness and sniffer dog evidence – weight of medical evidence in rape allegations – acquittal under s.73(1) Trial on Indictment Act.
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7 June 2019 |
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Acquittal where theft and violence were shown but identity and proof of rape were not established beyond reasonable doubt.
* Criminal law – Aggravated robbery – Elements: theft, violence, use of deadly weapon, accused’s participation/identification. * Evidence – Visual identification – Reliability where identification made in darkness and through a small aperture. * Sexual offences – Rape – Necessity of victim testimony or medical corroboration to prove intercourse and identity. * Criminal burden – Conviction requires proof beyond reasonable doubt of every essential ingredient.
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7 June 2019 |
| May 2019 |
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Accused convicted of aggravated defilement of a 14‑year‑old and sentenced to life imprisonment for exposing her while HIV positive.
Criminal law – Aggravated defilement: proof of victim’s age, proof of sexual act (medical and pregnancy evidence), identification evidence and credibility, proof of accused’s HIV status (post‑incident positive test and window period inference), sentencing (application of guidelines and aggravating factor of known HIV status).
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30 May 2019 |
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21 May 2019 |
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21 May 2019 |
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14 May 2019 |
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Whether the prosecution proved murder beyond reasonable doubt and whether the accused's confession was voluntary.
Criminal law – Murder: elements of unlawful death and malice aforethought; admissibility and voluntariness of charge and caution/confession statement; identification and placing accused at scene; standard of proof beyond reasonable doubt; use of post-mortem and witness evidence; allegation of torture considered and rejected.
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14 May 2019 |
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Accused convicted of murder where trained sniffer‑dog tracking, post‑mortem and corroboration proved guilt beyond reasonable doubt.
* Criminal law – Murder: elements (death, unlawfulness, malice aforethought, identification).
* Evidence – Tracker/sniffer dog: admissibility, required proof of handler training, dog's reliability and weight to be given.
* Evidence – Circumstantial and corroborative evidence: preservation of scene, witness accounts and tracking evidence forming chain.
* Evidence – Non‑exhibition of physical exhibits: effect where exhibits submitted for forensic analysis and recovery is testified to.
* Defence – Alibi: insufficiency where uncorroborated.
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14 May 2019 |
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A co-accused’s confession, corroborated by witnesses and post-mortem evidence, supported conviction for murder.
Criminal law – Murder – Ingredients: death, unlawfulness, malice aforethought, participation; Standard of proof – beyond reasonable doubt; Evidence – admissibility and weight of confession by co-accused (s.132 Evidence Act); Post-mortem evidence admissible under Trial on Indictment Act s.66; Credibility and rejection of alibi and denials.
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13 May 2019 |
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Accused convicted of murder on circumstantial evidence proving unlawful killings and malice aforethought.
Criminal law – Murder – Elements: death, unlawful killing, malice aforethought, participation; Circumstantial evidence – sufficiency and exclusion of reasonable alternative hypotheses; Conduct after offence (deception, failure to report, concealment) as inferential evidence of guilt.
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9 May 2019 |
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Conviction for murder upheld on reliable single‑witness identification and corroborative circumstantial and medical evidence.
Criminal law – Murder – Elements of murder (death, unlawful causation, malice aforethought, identification of accused) – Identification evidence – Single identifying witness – special caution – corroboration by circumstantial evidence and post‑mortem findings – Alibi and inconsistencies.
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8 May 2019 |
| April 2019 |
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Convicted first offenders may obtain bail pending appeal where offences are non-violent, appeal may be delayed, and sureties are adequate.
Criminal procedure – Bail pending appeal – Applicable provisions: Section 205 Magistrates Courts Act and Section 40(2) Criminal Procedure Code – Discretionary factors: character, first offender status, non-violent offence, prospects of appeal, risk of delay and absconding – Grant of bail subject to cash and surety bonds and periodic reporting.
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29 April 2019 |
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Court grants bail to one murder accused with sufficient sureties and denies bail to co-accused for inadequate sureties.
Criminal procedure – Bail pending trial – Right to bail under Article 23(6)(a) and Trial on Indictment Act – Judicial discretion – Sufficiency and proximity of sureties – Seriousness of offence not an absolute bar to bail.
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29 April 2019 |
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Applicant charged with aggravated defilement granted bail on stringent surety and reporting conditions despite seriousness of offence.
Criminal procedure – Bail under Article 23(6)(a) – aggravated defilement – presumption of innocence – sufficiency of sureties – length of remand and reporting conditions – stringent conditions to guard against absconding.
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25 April 2019 |
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Failure to produce key witnesses and corroborating evidence led to acquittal of accused charged with murder.
Criminal law – Murder – Insufficiency of evidence and identification – Hearsay and failure to call investigating police or officer – No case to answer (s.73(1) Trial on Indictment Act) – Effect of co-accused's guilty plea on co-accused.
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5 April 2019 |
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Prosecution proved aggravated robbery on two counts; accused acquitted on the remaining robbery and attempted rape counts.
Criminal law – Aggravated robbery – Elements: theft, violence, use or threat of deadly weapon, participation; Identification evidence – reliability and corroboration; Alibi – requirement for corroboration; Acquittal where complainant fails to testify; Sentencing – mitigation, aggravation and remand credit.
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2 April 2019 |
| March 2019 |
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Accused acquitted where prosecution failed to establish a prima facie case due to hearsay and insufficient evidence.
Criminal law – Murder – Prima facie case; Evidence – Requirement for direct oral evidence (s.59 Evidence Act) – Hearsay inadmissibility; Post‑mortem establishing cause of death but not perpetrator; Trial on Indictment Act s.73(1) – No case to answer acquittal.
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27 March 2019 |
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Whether the prosecution established a prima facie case of aggravated defilement requiring the accused to open his defence.
* Criminal law – Aggravated defilement – Elements: victim under 14; unlawful carnal knowledge; accused's participation – Prima facie case required before calling accused to defence; medical evidence and complainant's testimony as proof of defilement.
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26 March 2019 |
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Failure to allege malice aforethought in a murder indictment is incurably defective, warranting discharge of the accused.
Criminal law – Indictment particulars – Requirement to allege malice aforethought in murder indictments; omission of essential ingredient is incurably defective and fatal; timing and prejudice bar late amendment; burden of proof on prosecution; remedy: striking out indictment and discharging accused.
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26 March 2019 |
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An indictment for rape where the complainant is under eighteen is incurably defective and must be dismissed.
Criminal law – Indictment – Rape v. defilement – where complainant is under eighteen the correct offence is defilement; defective indictment – incurable where summary does not disclose charged offence – section 50(2) Trial on Indictments Act – requirement for prima facie case before putting accused on defence.
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26 March 2019 |
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The accused was found to have a prima facie case to answer for aggravated defilement and must present his defence.
* Criminal law – Aggravated defilement – Elements: victim under 14; unlawful carnal knowledge; identity of accused. * Criminal procedure – Trial on Indictments Act s.73(1) – test at close of prosecution: prima facie case suffices to require accused to present defence. * Evidence – identification and victim’s evidence; minor inconsistencies do not necessarily defeat a prima facie case.
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26 March 2019 |
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Prosecution established a prima facie case of aggravated defilement; accused ordered to present defence.
Criminal law – Aggravated defilement – Prima facie case at close of prosecution’s case; identification evidence by torchlight; medical evidence of ruptured hymen and genital injuries; section 73(1) Trial on Indictments Act – whether accused should be called to enter defence.
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26 March 2019 |
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Accused convicted of aggravated defilement after prosecution proved age, penetration, identity and guardian status; sentenced to 13 years.
* Criminal law – Aggravated defilement – Elements: victim under 14; penetration; identity of assailant; guardian status
* Evidence – Victim’s testimony in sexual offences and requirement for corroboration
* Evidence – Medical report corroborating sexual assault injuries
* Proof – Prosecution’s burden to establish all elements beyond reasonable doubt
* Sentencing – Aggravating and mitigating factors; remand credit
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21 March 2019 |
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Conviction for aggravated defilement of a pupil: court found age, sexual intercourse, authority relationship and identification proved; sentenced to 13 years.
* Criminal law – Aggravated defilement – Elements: complainant under 18, sexual act, offender a person in authority, accused’s participation. * Evidence – Proof of age: medical report and witness testimony. * Evidence – Sexual intercourse proof: victim’s testimony and medical corroboration. * Identification and confession evidence – weight of victim identification and charge and caution statement. * Sentencing – aggravating factor of teacher-victim relationship; deduction for time on remand.
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21 March 2019 |
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Prosecution failed to prove aggravated defilement due to medical evidence and unreliable identification; accused acquitted.
* Criminal law – Aggravated defilement – ingredients: age, sexual intercourse, identification of assailant – burden on prosecution to prove all elements beyond reasonable doubt.
* Evidence – proof of age: birth certificate and testimony of parents most reliable; court may use medical reports and observation.
* Evidence – medical report may negate occurrence of sexual intercourse; intact hymen/perineum relevant.
* Evidence – victim identification and inconsistencies in testimony undermine prosecution case; corroboration required in sexual offence cases.
* Procedure – judge may acquit despite assessors’ opinion if prosecution fails to prove case beyond reasonable doubt.
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19 March 2019 |
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Prosecution proved age but failed to prove penetration or identity; insufficient corroboration led to acquittal.
* Criminal law – aggravated defilement – elements: age, penetration, identity of assailant; corroboration required for child complainant evidence; medical evidence may corroborate or contradict victim’s account. * Evidence – role of medical reports and independent witnesses in proving sexual intercourse; inconsistencies and hearsay weaken prosecution case. * Principle – accused must be convicted on strength of prosecution case, not weakness of defence.
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4 March 2019 |
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Prosecution failed to prove identity and prima facie case for aggravated robbery; accused acquitted.
Criminal law – Aggravated robbery – Elements: theft, violence, deadly weapon, participation; Evidence – identity of accused; Prima facie case requirement before calling accused to defence; Burden of proof beyond reasonable doubt; Acquittal under s.73(1) Trial on Indictment Act.
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3 March 2019 |
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Omission of malice aforethought from a murder indictment is incurably defective; accused discharged.
Criminal procedure – indictment particulars – omission of malice aforethought in a murder charge – incurably defective; Indictment formalities – requirement to state date and particulars (Trial on Indictment Act); Amendment of indictment – prejudice and Section 50(2) TIA; Burden of proof – prosecution must prove murder beyond reasonable doubt.
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3 March 2019 |
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Conviction for aggravated defilement based on child testimony corroborated by medical and eyewitness evidence; sentence reduced for remand credit.
Criminal law – Aggravated defilement – Elements: victim under 14, penetration however slight, identification of assailant – Child witness evidence and corroboration by medical and eyewitness testimony – Sentencing and remand credit.
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2 March 2019 |
| February 2019 |
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Criminal law
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28 February 2019 |
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Criminal law
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28 February 2019 |