|
Citation
|
Judgment date
|
| August 2022 |
|
|
Revision permitted pre-conclusion; accused’s right to be heard violated but criminal trial not stayed; accused ordered to lead defence.
Criminal procedure – Revision under sections 48 and 50 CPC – Revision available pre-conclusion to correct irregularities; Fair hearing – closure of defence and denial of right to give evidence; Stay of criminal proceedings – interplay with related civil suit; Judicial supervision – High Court inherent powers under Judicature Act s.17.
|
23 August 2022 |
|
Applicant’s bail pending trial for aggravated defilement refused due to missing case file and seriousness of the offence.
Bail pending trial; aggravated defilement (seriousness and flight risk); judicial discretion under Trial on Indictments Act s.14; presumption of innocence and personal liberty; need for main case file/particulars to assess bail applications; role of fixed abode and sound sureties.
|
20 August 2022 |
|
|
18 August 2022 |
|
Revision cannot be used to challenge the merits of a magistrate’s conviction; appeal, not revision, is the remedy.
* Criminal procedure – Revision jurisdiction – Scope limited to errors, illegality or irregularity in magistrates’ proceedings – Not a substitute for appeal.
* Criminal procedure – Disguised appeal – Revision petition barred where petitioner could have appealed but did not.
|
17 August 2022 |
|
An ownership dispute over a vehicle is a civil matter; criminal convictions based on unresolved civil ownership were quashed.
Criminal law – Theft and obtaining by false pretence – Ownership disputes – Civil vs criminal jurisdiction – Burden of proof – Honest claim of right (Penal Code s.7) – Pending civil suit over same property.
|
16 August 2022 |
|
Child’s unsworn testimony corroborated by medical and eyewitness evidence sustains aggravated defilement conviction.
* Criminal law – Aggravated defilement – elements: victim under 14, sexual act (penetration), accused’s responsibility; corroboration required for unsworn child evidence under s.40(3) Trial on Indictments Act; medical evidence (ruptured hymen, bruising) and eyewitness account can provide necessary corroboration.
|
15 August 2022 |
|
A grandfather convicted of aggravated defilement: authority, credible identification, and medical evidence proved the offence.
* Criminal law – Aggravated defilement – elements: victim under 18, person in authority, sexual act, identity of perpetrator. * Family relationships – grandparent as person in authority for section 129(4)(c). * Evidence – victim’s testimony as best evidence in sexual offences; medical reports corroborative though corroboration not required. * Defence – alibi and alleged family grudge insufficient to raise reasonable doubt. * Sentence – aggravating: incest, abuse of authority, threats, victim displacement; mitigating: advanced age, first offender, health.
|
15 August 2022 |
|
|
12 August 2022 |
|
Accused convicted of aggravated defilement based on medical evidence and credible victim and witness testimony.
* Criminal law – Aggravated defilement – Elements: victim’s age, sexual act, and identity of perpetrator. * Evidence – Medical report and contemporaneous statements as corroboration of sexual assault allegations. * Credibility – evaluation of victim and witness testimony versus accused’s denial and alternative medical explanation. * Burden of proof – prosecution must prove guilt beyond reasonable doubt.
|
12 August 2022 |
|
|
12 August 2022 |
|
|
12 August 2022 |
|
Acquittal on a defective theft charge set aside; respondent convicted of obtaining money by false pretence.
* Criminal law – Theft versus Obtaining Money by False Pretense – proof of property, quantity and transfer required for theft. * Evidence – admissibility of police ‘plain’ statements; requirement for charge-and-caution and read-back. * Criminal procedure – amendment of charge under s.132(1)(a) Magistrates Courts Act; appellate substitution of conviction and sentence under s.35 Criminal Procedure Code Act.
|
11 August 2022 |
|
|
10 August 2022 |
|
|
9 August 2022 |
|
|
5 August 2022 |
|
Reliable victim identification and recent possession of the stolen vehicle proved the accused’s participation in aggravated robbery.
* Criminal law – Aggravated robbery – elements: theft, deadly weapon, participation – sufficiency of identification evidence at night – panga as deadly weapon – recent possession of stolen property as link to participation.
|
4 August 2022 |
|
Victim identifications and recent possession of a stolen vehicle supported conviction for aggravated robbery.
* Criminal law – Aggravated robbery – Elements: theft, use of deadly weapon, participation. * Evidence – Nocturnal identification: special caution required but reliability where good lighting, close proximity and prolonged observation. * Evidence – Panga constitutes a deadly weapon under s.286(2). * Evidence – Recent possession of stolen property raises presumption of participation. * Criminal procedure – Burden remains with prosecution; alibi does not shift burden.
|
4 August 2022 |
|
|
4 August 2022 |
|
|
4 August 2022 |