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History of this document
20 March 2009 this version
12 March 2009
Assented to
Cited documents 0
Documents citing this one 7
Judgment
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The applicant's incest conviction upheld; life sentence quashed and replaced with the statutory 30‑year term.
Criminal law – Incest: conviction based on victim's testimony and medical evidence; Evidence Act s127(5) (definition of child) and s127(7) (victim's evidence may suffice) – no voir dire for witness aged 15; corroboration unnecessary where victim credible; appellate reduction of unlawful life sentence to statutory 30 years.
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Citation errors are not fatal; applicants failed to show apparent illegality or good cause for extension, application dismissed.
* Civil procedure – extension of time – Law of Limitation Act s.14(1) – discretion and factors for extension (delay, reasons, arguable case, prejudice).
* Administrator General (Powers and Functions) Act – s.17/s.18 – scope of notice requirement and applicability where Administrator-General is appointed suo motu.
* Preliminary objection – citation of repealed or wrong provision – not fatal where court has jurisdiction and overriding objective applies.
* Illegality as sufficient cause – must be apparent on the face of the record to justify extension.
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A lessee's unregistered, unstamped lease failed to defeat a registered mortgagee's right; objection to attachment dismissed with costs.
Execution — Objection to attachment under Order XXI Rules 57–58 — burden to prove interest or possession at attachment; Registered mortgagee’s rights prevail over unregistered, unstamped lease entered after mortgage; Facility agreement clauses do not bar possession on default; Section 95 CPC inapplicable where specific procedural provisions exist.
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Trial court judgment lacking required formalities is a nullity; conviction and sentence set aside, accused released.
Criminal procedure — Formal requirements of judgment — Non‑compliance with provisions as to content, signature and date renders judgment a nullity; conviction and sentence set aside; retrial not ordered.
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Victim's credible testimony, supported by medical evidence, upheld incest conviction; appeal dismissed.
Criminal law – Incest by males – sufficiency of evidence – child complainant's credible testimony corroborated by medical examination – mistaken identity not established – unelaborated complaints of bias/constitutional breach dismissed.
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