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Citation
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Judgment date
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| October 2022 |
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Prosecution proved death and malice but failed to prove the accuseds’ participation; accused acquitted due to insufficient corroboration.
Criminal law – Murder – elements: death, unlawful killing, malice aforethought, causation, participation and common intention. Burden and standard of proof – prosecution must establish every ingredient beyond reasonable doubt. Dying declaration – admissible but weak and generally requires corroboration. Circumstantial evidence and mob-justice cases – need for clear evidence placing accused at the fatal act
Trial on Indictments – prima facie case and accused’s right to silence
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28 October 2022 |
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Accused convicted where prosecution proved theft, use of deadly weapons (panga and carbofuran) and reliable eyewitness identification.
Criminal law – Aggravated robbery – Elements: theft, use of deadly weapon, participation – Prosecution must prove each element beyond reasonable doubt. Evidentiary law – Identification evidence – need for caution; reliability assessed via proximity, lighting, duration and familiarity. Forensic evidence – Toxicology – carbofuran in food admissible and may constitute a 'deadly weapon' under Penal Code s.286(3)
Weapons – metallic panga‑like implements and poisonous substances can both qualify as deadly weapons
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25 October 2022 |
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Whether identification and toxicological proof of panga-like implements and carbofuran established the accused's guilt.
Criminal law – Aggravated robbery – Elements: theft, use of deadly weapon, participation. Deadly weapon – panga-like metallic implements and carbofuran (Furadan) pesticide in food qualify as deadly weapons
Identification – reliability of identification from close-range, prolonged observation; cautionary directions considered. Forensic evidence – toxicology (GC-MS) confirming presence of carbofuran in food
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25 October 2022 |
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Mandatory bail under Article 23(6)(c) is not available once an accused has been committed to the High Court.
Constitutional law – Bail – Article 23(6)(c) – mandatory release after 180 days' remand where offence triable only by the High Court – effect of committal to High Court – Clause 10(3) Practice Directions: High Court sole forum to grant mandatory bail.
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19 October 2022 |
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A person committed to the High Court is not eligible for mandatory bail under Article 23(6)(c).
Constitutional law – Bail – Article 23(6)(c) mandatory release after 180 days' remand – effect of committal to the High Court – Practice Directions Clause 10(3) limits grant of mandatory bail to the High Court.
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19 October 2022 |
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An accused committed to the High Court is not eligible for mandatory bail under Article 23(6)(c).
Constitutional law – Article 23(6)(c) – mandatory bail after 180 days' remand for offences triable only by the High Court; Practice Directions – Clause 10(3) – mandatory release to be granted only by the High Court; Effect of committal/indictment – committal to High Court removes eligibility for Article 23(6)(c) mandatory bail.
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19 October 2022 |
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Accused convicted of murder and aggravated robbery on circumstantial evidence and threats; sentenced to 35 years (29y7m effective).
Criminal law – Murder – malice aforethought established by extensive torture and strangulation; Aggravated robbery – theft by violence causing death; Circumstantial evidence – recovery of accused’s personal effects in victim’s broken premises and prior threats as proof of participation; Sentence – lengthy deterrent term with remand credit.
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19 October 2022 |
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Court convicted three accused of murder and aggravated robbery based on eyewitness, forensic and circumstantial evidence.
Criminal law – Murder (elements: death, unlawfulness, malice aforethought, participation); Aggravated robbery (theft, violence/deadly weapon, causing death, participation); Identification evidence at night – reliability factors; Forensic corroboration – canine tracking and soil/elemental analysis; Effect of proven lies and inconsistent alibis on credibility.
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18 October 2022 |
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13 October 2022 |
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Accused convicted of aggravated robbery; identity and grievous harm proven despite no identification parade.
Criminal law – Aggravated robbery – elements: theft, violence, deadly weapon/grievous harm, participation/identification
Identification – victim’s contemporaneous observation and prior encounters can render identification reliable; failure to conduct identification parade not necessarily fatal. Medical evidence – P. Exh.2 supported grievous harm and use of a weapon
Sentence – deterrent custody with remand credit and compensation ordered
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12 October 2022 |
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Conviction quashed where prosecution failed to prove criminal trespass and did not negative bona fide claim of right.
Criminal law – Criminal trespass (s.302(a) P.C.A.) – elements: entry, possession, unlawfulness, intent to intimidate/annoy/commit offence Defence – Bona fide claim of right (s.7 P.C.A.) – prosecution’s burden to negative the defence Land law – Local councils cannot confer legal ownership; competing land claims are civil matters Burden of proof – prosecution must prove criminal intent beyond reasonable doubt
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11 October 2022 |
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Conviction quashed where trial court failed to evaluate defences and prosecution failed to investigate or rebut alibi and accident.
Criminal law – Malicious damage to property – Elements of offence and mens rea – Defence of accident/claim of right negating mens rea – Alibi – duty of prosecution to disprove – Lone identification requiring corroboration where bias exists – Inadequate investigation vitiating conviction.
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11 October 2022 |
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Prosecution failed to prove a sexual act beyond reasonable doubt; accused acquitted of aggravated defilement.
Criminal law – Aggravated defilement – Elements: victim under 14, sexual act, accused’s participation – necessity to prove each element beyond reasonable doubt. Medical evidence – a ruptured hymen and tenderness may be corroborative but absence of evidence of recent intercourse can create reasonable doubt. Burden of proof – where reasonable doubt exists, it must be resolved for the accused; acquittal follows if any essential element is not proved
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10 October 2022 |
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Accused acquitted of aggravated defilement: age proven but sexual act not established beyond reasonable doubt.
Criminal law – Aggravated defilement – elements: victim under 14; sexual act; accused's participation. Evidentiary proof – medical evidence cannot alone establish recent intercourse; must be considered with testimonial evidence. Burden of proof – prosecution must establish every essential element beyond reasonable doubt; doubts resolved in favour of accused. Acquittal appropriate where essential element (sexual act) not proved
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10 October 2022 |
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Single eyewitness identification and forensic injuries proved murder; accused convicted and sentenced to 25 years (18 years 6 months after remand credit).
Criminal law – Murder – Elements: death, unlawful act, malice aforethought, accused’s participation
Identification – Single eyewitness evidence – reliability, caution and corroboration
Sentencing – death penalty discretionary; first offender mitigation and remission for remand time
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7 October 2022 |
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A1 convicted of murder on DNA and corroborating evidence; A2 acquitted due to uncorroborated accomplice statement and a credible alibi.
Criminal law – Murder – elements of murder (death, unlawfulness, malice aforethought) – Forensic DNA evidence as corroboration – Charge and caution statements and accomplice evidence – Corroboration requirement – Alibi defence and burden to disprove – Evidence tampering.
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7 October 2022 |
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Prosecution proved aggravated robbery by reliable identification, agreed documentary exhibits and injuries; four accused convicted and heavily sentenced.
Criminal law – Aggravated robbery – elements: theft; use of force; use/possession of deadly weapon – identification evidence – Section 66 Evidence Act (agreed facts) – proof of weapon without recovery – sentencing and remission for time on remand.
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7 October 2022 |
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Circumstantial evidence and unrefuted alibis meant prosecution failed to link the accused to the murder beyond reasonable doubt.
Criminal law – Murder – Elements: death, unlawfulness, malice aforethought – Circumstantial evidence – Requirement to exclude other reasonable hypotheses – Burden to disprove alibi – Need for medical/forensic corroboration of alleged injuries.
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7 October 2022 |