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Citation
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Judgment date
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| January 2024 |
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An appeal filed outside the 14-day statutory period without leave or extension is incompetent and dismissed.
Criminal procedure — Appeals — Time limits under section 28 Criminal Procedure Code Act — Notice of appeal and grounds to be filed within 14 days or within 14 days of service of record where requested — Court may extend time for good cause — Failure to apply for extension/leave renders appeal incompetent.
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31 January 2024 |
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Appeal dismissed as incompetent where notice was late and no memorandum, record request, or extension application was filed.
Criminal procedure – appeals – Notice of Appeal – time limit under section 28 – requirement to state grounds or request lower court record. Criminal procedure – appeal competence – necessity of filing memorandum of appeal or requesting record and lodging grounds within statutory periods. Extensions – section 31 applications to enlarge time – affidavit and good cause requirement. Constitutional duty – Article 126(2)(e) and the need to show a plausible or arguable appeal to favour substantive justice.
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31 January 2024 |
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An out-of-time appeal from a guilty plea was summarily dismissed; conviction cannot be appealed absent a challenge to plea legality.
Criminal procedure – Appeal – Summary dismissal under s.32(1)(b) Criminal Procedure Code Act; Appeal out of time – s.28 and s.31(1); Guilty plea – appeals against conviction barred except on legality of plea or extent/legality of sentence (s.204(3) Magistrates’ Court Act; s.132(3) Trial on Indictment Act); Sentence not excessive.
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31 January 2024 |
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The appellant's appeal against a five-year defilement sentence was dismissed; guilty plea and remorse did not warrant leniency.
Criminal law – Sentencing – Appeal against sentence following guilty plea – Limits of appellate interference; mitigating factors (guilty plea, remorse, first offender) versus aggravating factors (violence, breach of trust, pregnancy, need for deterrence) – Defilement (Penal Code s.129) – Five-year sentence upheld as not manifestly excessive.
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25 January 2024 |
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24 January 2024 |
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Amendment of charges does not automatically cancel bail; cancellation requires breach or compelling grounds and evidence of flight risk.
Criminal procedure – Bail – High Court’s power under section 75(4) Magistrates Courts Act to grant or vary bail where magistrate refused or cancelled bail. Bail – Cancellation – requires compelling reason or breach of conditions; mere amendment of charge sheet does not automatically revoke bail unless jurisdictional/serious change. Factors – prior compliance with bail, fixed abode, and evidence of flight risk are relevant.
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23 January 2024 |
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Appeal upheld in part: trespass conviction affirmed; malicious damage, forgery and uttering convictions quashed; remand time deducted.
Criminal law – criminal trespass – proof of intentional entry – direct and circumstantial identification evidence. Evidence – hearsay – uncalled witness (caretaker) – inadmissibility and effect on malicious damage charge. Procedure – amendment of charge under s.132 MCA – duty to inform accused of right to recall witnesses and adduce further evidence; failure amounts to miscarriage of justice. Forgery and uttering – requirement to prove document was made by accused and need for handwriting/possession evidence or expert evidence. Sentencing – requirement under Article 23(8) to deduct remand time arithmetically.
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23 January 2024 |
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Accused convicted of aggravated robbery based on reliable identification, proof of theft and medical evidence of grievous harm.
Criminal law – Aggravated robbery – ingredients: theft, actual violence or grievous harm, and participation. Evidence – Identification – reliability of single witness identification; factors: familiarity, time observed, lighting, and absence of malice. Evidence – Medical evidence (PF3) corroborating grievous bodily harm. Defence – Alibi: accused must account for time to render alibi credible; prosecution must disprove alibi to meet standard beyond reasonable doubt.
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17 January 2024 |
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A Computer Misuse Act warrant cannot authorize seizure for alleged fraud or embezzlement; the applicant's phone must be returned.
Criminal procedure – Revision and supervisory jurisdiction of the High Court – Magistrate’s warrant under Computer Misuse Act – Jurisdictional limits where alleged offences are not computer misuse offences – Seizure and retention of devices; statutory 72‑hour return rule (section 28(8)).
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10 January 2024 |
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8 January 2024 |
| December 2023 |
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21 December 2023 |
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Prosecution failed to establish a prima facie case of aggravated defilement; medical evidence showed rectal prolapse, not sodomy.
Criminal law – Aggravated defilement – Prima facie case under s.73 Trial on Indictments Act – Essential element: proof of sexual act (penetration) – Medical evidence (rectal prolapse) versus allegations of sodomy – Quality and consistency of witness evidence; circumstantial evidence must point unequivocally to accused.
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20 December 2023 |
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Repeat serial murderer sentenced to 40 years (net 37y3m17d); sentences ordered to run consecutively.
Criminal law – Murder – Multiple/serial murders – aggravating factors: abuse of trust, strangulation and burning of bodies – mitigating factors: guilty plea, youth – Sentencing Guidelines (2013) – deduction of remand time – concurrent vs consecutive sentences (Trial on Indictment Act s122).
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13 December 2023 |
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Repeat offender who murdered girlfriend and infant sentenced to concurrent 35‑year terms, remand deducted.
Criminal law – Murder – Sentencing – aggravating factors: brutality, breach of trust, repeat offending/serial pattern – mitigating factors: youth, guilty plea, remorse – Law Revision (Penalties) (Amendment) Act 2019 permitting fixed terms for life offences – remand deduction – concurrent sentences for single transaction.
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13 December 2023 |
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Convict guilty of a brutal, serial murder sentenced to 30 years, credited for remand, leaving 27 years to serve.
Criminal law – Murder – Sentencing: life imprisonment vs. fixed term; guilty plea as mitigation; serial killings and burning of body as aggravation; sentencing guidelines and statutory definition of life imprisonment; credit for remand period.
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13 December 2023 |
| November 2023 |
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20 November 2023 |
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High Court set aside proceedings for coerced payments, defective charge sheet and improper reconciliation.
Criminal procedure – revision powers of High Court; coerced payments/reconciliation in criminal trials; defective charge sheets (statement vs particulars); reconciliation not permitted for felonies; judicial bias/recusal obligations; jurisdiction of magistrate.
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9 November 2023 |
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9 November 2023 |
| October 2023 |
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30 October 2023 |
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26 October 2023 |
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Court must ensure interpreter’s dialect competence; failure to do so can vitiate a guilty plea and require retrial.
Criminal procedure – Right to interpreter – Court’s duty to ascertain accused’s language and interpreter’s competence – Dialect-specific interpretation – Failure to provide adequate interpretation amounts to substantial miscarriage of justice – Guilty plea invalidated where accused did not meaningfully understand proceedings.
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25 October 2023 |
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19 October 2023 |
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Court convicted five accused of kidnap, murder and aggravated robbery; acquitted a sixth for lack of participation.
Criminal law – Kidnap with intent to murder – elements: forcible taking, against will, intent to kill inferred from subsequent murder. Criminal law – Murder – malice aforethought inferred from nature and severity of blunt force head injuries; post‑mortem and medical evidence. Criminal law – Aggravated robbery – theft, violence, deadly weapon, and participation; corroboration by mobile‑money withdrawals and witnesses. Evidence – accomplice testimony, confessions and scene‑reconstruction video admissible if voluntary and corroborated. Evidence – call‑data analysis and circumstantial evidence can corroborate participation and movements. Defence – late alibi may be afforded little weight. Criminal liability – common intention under section 20 establishes joint liability.
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19 October 2023 |
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17 October 2023 |
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17 October 2023 |
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17 October 2023 |
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17 October 2023 |
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16 October 2023 |
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16 October 2023 |
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16 October 2023 |
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12 October 2023 |
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12 October 2023 |
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12 October 2023 |
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12 October 2023 |
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12 October 2023 |
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12 October 2023 |
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12 October 2023 |
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Criminal law—obtaining money by false pretense—revisionary powers—discretion to stay proceedings—same transaction rule—overlapping criminal and civil issues—subject matter consistency—prejudice to accused—abuse of process—conflicting judgments—procedural fairness—Section 209 Magistrates Courts Act—judicial discretion—expeditious trials—Director of Public Prosecutions' powers—civil-criminal case balance
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11 October 2023 |
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6 October 2023 |
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5 October 2023 |
| September 2023 |
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28 September 2023 |
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28 September 2023 |
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Conviction quashed where indictment was defective and guilty plea was taken on the wrong statutory charge.
Criminal revision – High Court powers under Sections 48 and 50 Criminal Procedure Code Act and Judicature Act – corrective jurisdiction for errors or miscarriages of justice. Indictment/charge sheet – requirement to specify correct statutory provision – defective charge invalidates proceedings. Plea-taking – guilty plea entered on defective charge where offence not properly stated is improper. Miscarriage of justice – conviction nullified; accused entitled to release; prosecution may prefer fresh correct charges.
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27 September 2023 |
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Appellant’s trespass conviction upheld; remand-based illegal sentence set aside and substituted with a caution.
Criminal trespass – elements – possession, unlawful entry, and intention to annoy or intimidate; proof required for de facto possession. Evidence – evaluation of contradictions and materiality; role of documentary evidence, handwriting verification and admissions. Sentence – illegality of sentencing to time spent on remand beyond statutory maximum; constitutional protection (Article 23(8)). Judicial practice – caution against prolonged remands and ensuring rights under Article 20(2) and 23(8).
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23 September 2023 |
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Conviction for criminal trespass upheld; illegal time-served sentence set aside and substituted with a caution.
Criminal trespass – elements: possession, unlawful entry and intent to annoy or intimidate – proof of de facto possession by outward acts; evidentiary value of sales agreements and handwriting expert; admissions in police statement; illegality of sentencing equal to time on remand exceeding statutory maximum; Article 23(8) relevance to remand and sentencing.
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23 September 2023 |
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Acquittal where theft was unproven and an unchallenged alibi plus unsafe identification defeated the prosecution.
Criminal law – Aggravated robbery – elements: theft, violence/threat, use of deadly weapon, participation. Evidence – Witness credibility – contradictions in victim’s statements undermining proof of theft. Evidence – Identification – night-time, surprise and inadequate light render identification unsafe. Criminal procedure – Alibi – prosecution’s duty to disprove an unchallenged alibi.
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20 September 2023 |
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Forfeiture under the Forestry Act stands unless an alleged owner adduces persuasive ownership evidence, notably registration documents.
Criminal procedure – Revision jurisdiction – High Court powers under Judicature Act and sections 48, 50 CPCA to examine magistrates’ court records and alter orders. Forestry law – National Forestry and Tree Planting Act 2003 s.84 – Court may forfeit vehicles used to commit forestry offences. Evidence of ownership – vehicle registration card is prima facie evidence of ownership; absence weakens owner's challenge to forfeiture. Procedure – Non-party owners may petition for revision under s.50(5); DPP/right to be heard considerations where applicable.
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15 September 2023 |
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Identification and DNA evidence were insufficient to prove the accused’s participation in aggravated robbery and rape.
Criminal law – aggravated robbery – elements: theft, use/threat of violence, deadly weapon, participation – identification evidence – reliability in poor lighting – DNA evidence excluding accused – impact of witness grudge on credibility – burden of proof beyond reasonable doubt.
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15 September 2023 |
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Acquittal where theft and violence were proved but accused participation and identity were not established beyond reasonable doubt.
Criminal law – Aggravated robbery – elements: theft, violence, deadly weapon, participation; Identification evidence – night-time, poor lighting, familiarity and caution; DNA forensic evidence – exclusion of accused as donor of seminal stain; Witness credibility – alleged grudge and inconsistencies; Burden of proof – prosecution must prove guilt beyond reasonable doubt.
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15 September 2023 |
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Appellate court reduced an excessive one-year theft sentence to three months for remorse and willingness to restitute.
Criminal law – Sentencing – Mitigating factors (guilty plea, restitution, lack of prior record) – Appellate review of sentence – Reduction of manifestly excessive sentence.
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13 September 2023 |