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Citation
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Judgment date
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| March 2023 |
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31 March 2023 |
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Prosecution failed to establish a prima facie case of aggravated defilement due to inconsistent medical evidence and lack of corroboration.
Criminal law – Prima facie case under s.73 Trial on Indictment Act; aggravated defilement – proof of penetration; requirement for corroboration and reliable medical evidence; investigative omissions and manifest unreliability of prosecution evidence.
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31 March 2023 |
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28 March 2023 |
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28 March 2023 |
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28 March 2023 |
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A teacher was convicted of aggravated defilement for sexualised touching of a pupil, the hand constituting a "sexual act" and authority established.
Criminal law – Aggravated defilement – Sexual act includes unlawful use of an organ (hand) on a child’s sexual organ – Teacher as person in authority – DPP’s charging discretion and fair trial/prejudice – Corroboration by early complaint to head teacher – Burden of proof beyond reasonable doubt.
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28 March 2023 |
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A teacher was convicted of aggravated defilement where use of his hand on a pupil’s penis and his authority over the child were proved.
Criminal law – Aggravated defilement – elements: victim under 14; sexual act includes use of an organ (hand) on sexual organ; person in authority (teacher) – corroboration under s.156 Evidence Act – DPP’s charge formulation and fair trial considerations.
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28 March 2023 |
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High Court bail does not lapse on committal and cannot be cancelled by the committing magistrate.
Bail — committal to High Court does not automatically lapse; committing magistrate cannot cancel High Court bail; cancellation only by granting court on breach; bail reinstated on original terms.
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27 March 2023 |
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Accused convicted of aggravated robbery based on eyewitness identification and proof of grievous harm despite missing weapon.
Criminal law – Aggravated robbery – Ingredients: theft, use or threat of violence, grievous bodily harm, use of deadly weapon – Eyewitness identification – Alibi defence – Burden on prosecution to disprove alibi.
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23 March 2023 |
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Medical conditions and acceptable sureties justified bail for foreign applicants charged with serious offences.
Bail — constitutional right to apply for bail; medical conditions as exceptional circumstances under Bail Guidelines; presumption of innocence; assessment of flight risk for foreign nationals; evaluation of sureties' substantiality.
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22 March 2023 |
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Serious medical conditions and credible sureties justified bail despite grave charges; no proven flight risk.
Criminal procedure – Bail – Application under Article 23(6)(a) and Constitution (Bail Guidelines) – medical grounds; Bail Guidelines (Rule 14(2)) – grave illness/need for outside medical treatment as basis for bail; Flight risk – burden to prove real risk, foreign nationality not determinative; Sureties – assessment of substantiality by court interview; Jurisdiction – parties' submission to court by pleadings and attendance.
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22 March 2023 |
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22 March 2023 |
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21 March 2023 |
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20 March 2023 |
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Insufficient and contradictory evidence, compounded by absent medical proof, defeated a prima facie case of aggravated defilement.
Criminal law – Defilement – Prima facie case under s.73 Trial on Indictment Act – Requirement to prove sexual act (penetration) – Medical evidence and corroboration – Weight of inconsistent victim testimony and hearsay.
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20 March 2023 |
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Appellate court reduced a manifestly excessive sentence for assaulting a police officer, emphasizing first‑offender leniency and guilty plea.
Criminal law – sentence appeal – assault on police officer – sentencing principles – manifestly excessive sentence – mitigation: first offender, guilty plea, remorse – improper reliance on relatives’ offences to enhance sentence.
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16 March 2023 |
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14 March 2023 |
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14 March 2023 |
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Convictions for grievous harm upheld; self-defence rejected; sentences reduced and remand deducted; medical compensation maintained.
Criminal law – grievous harm – elements: nature of injury, unlawful causation, participation; identification where parties are related; self-defence precluded if accused was aggressor; sentencing – allocutus and mitigation; deduction of remand; maintenance of compensation order.
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13 March 2023 |
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Acquittal due to prosecution’s failure to prove accused’s participation; hearsay held inadmissible under Evidence Act s59(a).
Criminal law – aggravated defilement – elements: age, sexual act, participation – burden of proof beyond reasonable doubt; Evidence Act s59(a) – hearsay inadmissible; circumstantial evidence insufficient without admissible link to accused.
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9 March 2023 |