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Citation
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Judgment date
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| August 2023 |
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31 August 2023 |
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Court reduced excessive wildlife‑offence sentences for refugee first offenders, emphasizing mitigation and proportionality.
Criminal law – Sentencing – Wildlife Act 2019 (ss.30, 29(1)(a), 70, 71(a)) – appropriate fines and default custodial terms for illegal entry and unlawful killing of wildlife. Mitigation – consideration of personal circumstances (refugee status, first offender, plea at first appearance, limited means). Proportionality – reduction of excessive sentences and ordering concurrent terms.
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31 August 2023 |
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Appellate court upheld convictions and sentence for electronic fraud, unauthorized computer access, conspiracy and unlawful stay.
Criminal law – circumstantial evidence – application of Abanga tests; Computer Misuse Act – unauthorized access and electronic fraud; Conspiracy – agreement and unity of purpose; Immigration law – unlawful stay; Appellate review – limits on disturbing factual findings and sentence.
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31 August 2023 |
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31 August 2023 |
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High Court confirmed custodial sentence for grievous harm but reduced it to account for remand and welfare considerations.
Criminal law – Confirmation of sentence – Section 173 Magistrates Courts Act – High Court’s revisionary powers under section 50 Criminal Procedure Code Act. Sentencing – Grievous harm – custodial sentence as deterrent and protection for child victim. Constitutional law – Article 23(8) – requirement to credit time spent on remand. Sentencing procedure – obligation to consider welfare of child victims and effect of incarceration under sentencing guidelines.
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31 August 2023 |
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30 August 2023 |
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29 August 2023 |
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28 August 2023 |
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28 August 2023 |
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28 August 2023 |
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28 August 2023 |
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28 August 2023 |
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23 August 2023 |
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23 August 2023 |
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23 August 2023 |
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23 August 2023 |
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21 August 2023 |
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18 August 2023 |
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18 August 2023 |
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18 August 2023 |
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18 August 2023 |
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Appeal dismissed: appellate court upheld acquittal due to contradictions, omissions, and reasonable doubt in prosecution's case.
Criminal appeal – re-evaluation of evidence by first appellate court; Burden and standard of proof beyond reasonable doubt; Conflicting evidence – preference for credible eyewitness/police evidence over expert opinion; Expert medical reports not conclusive; Failure to tender corroborative exhibits and evidential contradictions – reasonable doubt; No basis to convict on lesser cognate offence where evidence absent.
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18 August 2023 |
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17 August 2023 |
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17 August 2023 |
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17 August 2023 |
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Whether night-time eyewitness identification and a flawed parade sufficed to convict for aggravated robbery.
Criminal law – Aggravated robbery – elements: theft, use of deadly weapon, participation. Identification evidence – caution in night-time identifications; on-scene identification vs flawed identification parade. Alibi – burden remains on prosecution to disprove alibi once raised. Court not bound by assessors’ advisory opinion.
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17 August 2023 |
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Court convicted the first accused for aggravated robbery on reliable identification and grievous-injury evidence; second accused acquitted.
Criminal law – Aggravated robbery – elements: theft, use of deadly weapon, participation – proof beyond reasonable doubt. Identification evidence – close-range observation in vehicle headlight, wrestling, and parade – reliability despite parade irregularities. Evidence – grievous bodily harm and medical report supporting classification of weapon as deadly. Alibi – burden remains on prosecution; alibi rejected where identification quality is strong.
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17 August 2023 |
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Conviction for theft confirmed but three-year sentence reduced to ten months for ignoring mitigating factors.
Criminal law – Theft (s.245 Penal Code Act) – Confirmation of sentence under s.173 Magistrates Courts Act – Sentencing principles – manifestly harsh/excessive sentence – failure to consider mitigating factors (change of plea, youth, value of property) – deduction for time on remand.
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15 August 2023 |
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14 August 2023 |
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A decided civil suit concerning the same land does not justify staying the applicant’s criminal trespass trial; revision is not a substitute for appeal.
Criminal procedure – Revisionary jurisdiction under sections 48 and 50 Criminal Procedure Code Act – limited to glaring illegality and not a substitute for appeal. Stay of criminal proceedings – effect of related civil proceedings or judgments – decided civil suit does not automatically require stay. Concurrent jurisdiction – civil determinations on land and their bearing on criminal trespass proceedings. Pending appeal against civil judgment – not a ground per se to stay criminal trial.
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8 August 2023 |
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Accused acquitted of aggravated defilement due to lack of corroboration and inconclusive, delayed medical evidence.
Criminal law – Aggravated defilement – Elements: victim under 14, sexual act (penetration), accused's participation; corroboration required for unsworn evidence of child of tender years; evidential weight of delayed medical examination; credibility affected by delay and alleged family grudge.
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8 August 2023 |
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Accused acquitted where child’s unsworn allegation lacked corroboration and medical evidence was inconclusive after delay.
Criminal law – Aggravated defilement: elements (age, sexual act, identity); corroboration requirement for unsworn evidence of a child of tender years; probative value and delay in medical evidence; effect of grudges and inconsistencies on witness credibility; acquittal where prosecution fails to prove all elements beyond reasonable doubt.
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8 August 2023 |
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4 August 2023 |
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4 August 2023 |
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4 August 2023 |
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4 August 2023 |
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4 August 2023 |
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4 August 2023 |
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3 August 2023 |
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2 August 2023 |
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2 August 2023 |