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Citation
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Judgment date
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| December 2023 |
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18 December 2023 |
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Whether customary international law permits prosecution and whether a prima facie case exists against the accused.
* International humanitarian law – non‑international armed conflict threshold – intensity, duration, organisation of non‑state armed group;* Crimes against humanity – applicability as customary international law/jus cogens and non‑retroactivity (principle of legality);* No‑case‑to‑answer standard – prima facie evidence required to call accused to defence;* Specific evidential elements – hostage‑taking (intent to obtain advantage), murder, kidnapping, procuration of unlawful carnal knowledge;* Procedural issues – duplicative counts and acquittal where essential elements lacking.
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18 December 2023 |
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Bail refused due to grave trafficking/defilement charges, risk of absconding and likely witness intimidation.
Criminal procedure – Bail – Discretion under Article 23(6)(a) and Sections 14–15 Trial on Indictments Act; exceptional circumstances; substantial sureties; gravity of offence (aggravated trafficking in children — death penalty); risk of absconding and witness intimidation; multiple indictments; readiness for trial.
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8 December 2023 |
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Technical errors in an indictment do not nullify charges; evidence sufficiently established aggravated child trafficking and charges were confirmed.
Criminal procedure – Confirmation of charges – "Substantial grounds to believe" standard; Trafficking in persons – Aggravated trafficking of a child – elements: receipt/harbouring, child status, deception/abuse of vulnerability, sexual exploitation; Indictment irregularity – drafting error not fatal where no prejudice.
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8 December 2023 |
| November 2023 |
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Court confirmed charges, finding substantial grounds to believe accused committed aggravated child trafficking and aggravated defilement.
* Confirmation of charges – pre‑trial standard – substantial grounds to believe (Rome Statute/ICC standard) applied by ICD.
* Trafficking in persons – aggravated trafficking in children – elements: act, means, purpose, participation, aggravating factor of child; Section 3(3) obviates proving means where victim is a child.
* Aggravated defilement – proof of sexual act and age – medical and testimonial evidence acceptable to establish victim's age.
* Consent irrelevant where victim is a child under PTIPA.
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20 November 2023 |
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Court applied the ICC 'substantial grounds' standard and confirmed child trafficking and aggravated defilement charges against the accused.
Confirmation of charges – pre-trial standard: substantial grounds to believe (Rome Statute Art.61(7)) applied; Aggravated trafficking in children (PTIPA s.3/5) – receipt/harbouring of a child for sexual exploitation; Section 3(3) PTIPA: child-victim exception to proving means; Aggravated defilement (Penal Code) – sexual act on child under 14; Victim’s testimony and medical report (old ruptured hymen) sufficient at confirmation; Minor inconsistencies do not preclude confirmation.
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9 November 2023 |
| September 2023 |
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Court dismissed application to stay trial, finding the constitutional challenge lacked likelihood of success and restricted disclosure orders were lawful.
* Constitutional law – Stay of proceedings – Criteria for grant: likelihood of success, irreparable harm, balance of convenience.
* Criminal procedure – Pre-trial disclosure – Prima facie right to disclosure limited where State adduces evidence of need for witness protection, state secrets or informer identity protection; trial court’s discretion.
* International Crimes Division Rules – Redaction and restricted disclosure permissible where they align with Constitutional Court guidance.
* Duplication of proceedings – Concurrent trials on same facts may violate Article 28, but questions of consolidation/joinder are case-specific and previously determined rulings are binding.
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25 September 2023 |
| July 2023 |
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An accused who deliberately absconds after bail waives the right to be present and trial may proceed in his absence.
Criminal procedure – trial in absence – accused who absconds waives right to be present – Article 28(5) Constitution, Judicature Act and ICD Rules – public interest and fairness to victims and co-accused justify proceeding.
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18 July 2023 |
| May 2023 |
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Court confirmed trafficking, terrorism and support charges but dismissed terrorist-financing counts for lack of evidence.
International Crimes Division jurisdiction; pre-trial confirmation standard – ‘substantial grounds to believe’ (Rome Statute); aggravated trafficking in children; terrorism – unlawful possession of explosive-making materials; belonging to a terrorist organisation; rendering support to terrorists; terrorist financing dismissed for lack of proof of willing provision.
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17 May 2023 |
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Pre‑trial court confirmed terrorism charges on substantial grounds based on admissions, witness statements and call data records.
Terrorism — Confirmation of charges — Pre‑trial standard: "substantial grounds to believe" (Rome Statute) — reliance on admissions, witness statements and call data records — International Crimes Division jurisdiction — admissibility/authenticity challenges premature at confirmation stage.
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2 May 2023 |
| April 2023 |
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Pre-trial confirmation applied the Rome Statute 'substantial grounds' test, confirming trafficking counts against some accused and dismissing others.
Criminal procedure – International Crimes Division – pre-trial confirmation – Article 61 Rome Statute standard of "substantial grounds to believe" applied; Trafficking in persons – aggravated trafficking in children – elements (recruitment/transport, child status, means, purpose of exploitation); Joint indictment – need for evidence of individual responsibility; Evidential limits of summary/documentary proof at confirmation stage; Dismissal/striking out of counts unsupported by summary or repetitive counts.
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17 April 2023 |
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Insufficient, inconsistent evidence and investigative gaps meant no prima facie case; accused acquitted on all counts.
Criminal procedure — s.73 Trial on Indictments Act — prima facie case; Trafficking in persons — elements: recruitment/coercion, exploitation, parental control; Forgery — falsity of document’s nature versus content; Uttering false documents — need to prove accused knowingly used forged documents; Evidence — material inconsistencies, lack of corroboration, inadequate investigation.
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13 April 2023 |
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A proved amnesty for crimes committed in furtherance of war extinguishes criminal charges; indictment struck out.
Amnesty – effect of pardon on prosecutions – Amnesty Act scope for crimes committed in furtherance of war or rebellion; Constitutional bar (Article 29(10)) to trying a pardoned person; pre‑trial confirmation standard under Article 61(5) Rome Statute; aggravated trafficking in children and membership of a terrorist organisation considered within amnesty where committed in furtherance of rebellion.
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13 April 2023 |
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Whether prosecution’s pre‑trial disclosure established substantial grounds that the accused committed terrorism and trafficking offences.
International Crimes Division — Pre‑trial confirmation — substantial grounds standard; Terrorism offences — belonging to listed terrorist organisation; rendering support; terrorist financing (Section 9A) — intent/knowledge; Trafficking in persons — aggravated trafficking, trafficking in children — act, means (deception), purpose (exploitation); Conspiracy to commit trafficking.
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4 April 2023 |
| March 2023 |
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Bail refused: applicant’s residences established but sureties found insubstantial, creating high absconding risk.
* Criminal procedure – Bail – Application for bail pending trial on terrorism and murder charges – Requirement to prove exceptional circumstances for specified offences under section 15 TIA – Primary inquiry whether accused is likely to abscond. * Fixed place of abode – evidence from ID, charge sheet and LC1 letters can establish residence. * Sureties – substantiality assessed by relationship, residence, documentary proof and ability to ensure attendance; contradictory or weak sureties may justify refusal of bail. * Consideration of gravity of offence and risk of interference with witnesses under Bail Guidelines and Article 23(6)(a).
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28 March 2023 |
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Pre‑trial confirmation: substantial grounds found to believe accused committed aggravated trafficking of a child; charge confirmed and sent for trial.
Criminal procedure – International Crimes Division pre‑trial confirmation – appropriate standard: "substantial grounds to believe" (Rome Statute Article 61) – aggravated trafficking in children (PTP Act 2009) – elements: victim's age, recruitment/harbouring, means/vulnerability, sexual exploitation and accused's participation – child victim: means/consent irrelevant.
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20 March 2023 |
| January 2023 |
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Pre-trial charges of ADF membership and aiding terrorism dismissed for lack of substantial grounds to believe the accused committed the offences.
Anti-Terrorism Act (ss.11, 8) – belonging to a listed terrorist organisation; aiding and abetting terrorism – evidentiary requirements; ICD pre-trial standard – application of Rome Statute/ICC "substantial grounds to believe" standard; admissibility/use of charge and caution statements recorded under different statutory provision.
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22 January 2023 |