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Citation
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Judgment date
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| 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 |