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Citation
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Judgment date
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| July 2022 |
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29 July 2022 |
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29 July 2022 |
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29 July 2022 |
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Appellate court confirms defilement sentence, finding sentencing discretion properly exercised and mitigation considered.
Criminal law – Defilement – Sentence of fine or imprisonment; Sentencing discretion – mitigation (guilty plea, remorse, family responsibilities); Appellate review – interference only if manifestly excessive, wrong in principle, or material considerations ignored.
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20 July 2022 |
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Appellate court confirmed defilement sentence, finding no manifest excess or failure to consider mitigation.
Criminal law – Defilement – Sentence appeal – Appellate interference only where sentence is manifestly excessive, discretion misapplied, or material considerations ignored; mitigation and deterrence considered.
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20 July 2022 |
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Appellate court confirmed defilement sentence, holding no manifest excess or failure to consider mitigation.
* Criminal law – Sentencing – Defilement – Appropriate consideration of mitigating factors and deterrent objectives.
* Appeal – Interference with sentence – Appellate court will only interfere where sentence is manifestly excessive, unduly lenient, or based on failure to consider material factors.
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20 July 2022 |
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20 July 2022 |
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20 July 2022 |
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19 July 2022 |
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The accused’s identification and surrounding circumstances established guilt for aggravated robbery.
* Criminal law – Aggravated robbery – elements: theft, use of deadly weapon, participation – proof beyond reasonable doubt.
* Identification evidence – visual ID at night – need for caution; factors improving reliability: lighting, proximity, duration of observation, subsequent recognition.
* Evidence – panga qualifies as a deadly weapon under S.286(2) Penal Code.
* Defence – alibi and allegation of grudge – burden remains on prosecution to place accused at scene; unsupported grudge rejected.
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17 July 2022 |
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Victim identification at close range and prolonged observation established guilt for aggravated robbery despite absence of identity parade.
* Criminal law – Aggravated robbery – Elements: theft, use of deadly weapon, participation – identification evidence at night – reliability assessed by lighting, proximity and duration; panga as deadly weapon.
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17 July 2022 |
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Accused convicted of aggravated defilement where eyewitness, medical and admissible pre-death statement proved the offence.
* Criminal law – Aggravated defilement – Elements: victim under 14, sexual act, accused’s participation – Eyewitness and medical corroboration. * Evidence – Admissibility of deceased child’s out‑of‑court statement under Section 31 Evidence Act. * Criminal defence – Burden and proof of insanity under section 10 Penal Code.
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16 July 2022 |
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Guilty verdict for aggravated defilement of a seven‑year‑old based on eyewitness and medical corroboration.
Criminal law – Aggravated defilement – Elements: age of victim, sexual act, accused’s participation – Evidence: eyewitness testimony, medical examination, deceased victim’s prior statement (s.31 Evidence Act) – Defence: alibi and alleged unsoundness of mind – Burden and standard of proof (beyond reasonable doubt).
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16 July 2022 |
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Accused acquitted where sexual act and perpetrator’s identity were not proved beyond reasonable doubt.
* Criminal law – Aggravated defilement – elements: victim under 14, sexual act, perpetrator’s identity – proof beyond reasonable doubt
* Evidence – medical report showing no signs of sexual activity; credibility and identification of child witness
* Procedure – delayed reporting/arrest and circumstantial improbability in a busy public place leading to reasonable doubt
* Acquittal where essential elements not proved
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15 July 2022 |
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Acquittal where prosecution failed to prove aggravated defilement beyond reasonable doubt given identification, medical and circumstantial doubts.
Criminal law – Aggravated defilement – Elements: victim under 14, sexual act, accused’s responsibility – Burden of proof beyond reasonable doubt – Evidentiary assessment of victim identification, medical report, scene circumstances and delay.
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15 July 2022 |
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A committing magistrate cannot cancel previously granted bail by issuing remand warrants without hearing the accused; bail reinstated.
Magistrates Courts Act s.168(4) — committal and bail — bail does not automatically lapse on committal; committing court must hear parties before cancelling bail; right to liberty and to be heard; High Court remedial jurisdiction where remand order unlawfully infringes fundamental rights.
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14 July 2022 |
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14 July 2022 |
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14 July 2022 |
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14 July 2022 |
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Applicant’s cash bail deposit forfeited where bail was cancelled after failure to meet bail conditions; refund denied.
* Magistrates Courts Act s.83(1) – recognisance forfeiture – cash bail refund – failure to appear/report – cancellation of bail.
* Evidence – unrebutted affidavit evidence accepted as true – evidentiary weight of uncontested affidavits.
* Criminal procedure – effect of forfeited bond and remedies for recovery of recognisance.
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13 July 2022 |
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7 July 2022 |
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7 July 2022 |
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Whether a child’s testimony and maternal corroboration can prove aggravated defilement despite no medical injury.
* Criminal law – Aggravated defilement – elements: age, sexual act, participation. * Evidence – child witness credibility and corroboration under section 156 Evidence Act. * Medical evidence – absence of injury or penetration not necessarily fatal to prosecution where other corroborative evidence is credible. * Corroboration – material particular corroborated by mother’s observation and prior statement to police.
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6 July 2022 |
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Corroborated child testimony and maternal observation supported conviction for aggravated defilement despite no medical injury.
Criminal law – Aggravated defilement – Elements: victim under 14, sexual act, accused’s participation – Child’s out‑of‑court statements and mother’s observations as corroboration (s156 Evidence Act) – Medical absence of injury not dispositive – Burden of proof beyond reasonable doubt.
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6 July 2022 |
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The court convicted both accused of aggravated robbery, accepting single eyewitness identification and the victim’s weapon description as sufficient.
Criminal law – Aggravated robbery: elements (theft; violence; deadly weapon; participation); Identification evidence – single eyewitness at night; Weapon not produced – description acceptable; Corroboration cautionary, not mandatory.
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5 July 2022 |
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Accused convicted of aggravated robbery based on reliable single-witness identification and proof of a deadly weapon despite non-production.
* Criminal law – Aggravated robbery – elements: theft, use/threat of violence, use of deadly weapon, participation. * Identification – single witness identification at night; proximity, duration and lighting increase reliability. * Evidence – non-production of weapon permissible where detailed description and credible testimony exist. * Corroboration – not mandatory where single witness evidence is reliable.
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5 July 2022 |
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Headmaster convicted of aggravated defilement; position of trust aggravated sentence, remand credit applied.
* Criminal law – Aggravated defilement – elements: victim under 14, sexual act (penetration), identity of perpetrator. * Sexual offences – corroboration not a legal requirement; credibility and demeanour assessment decisive. * Abuse of position of trust – aggravating factor in sentencing. * Sentencing – application of Sentencing Guidelines, consideration of precedents, and remand credit deduction.
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4 July 2022 |
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3 July 2022 |