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History of this document
01 December 2023 this version
19 November 2023
Assented to
Cited documents 0
Documents citing this one 146
Judgment
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Child’s promised testimony and medical corroboration upheld conviction; appeal dismissed.
* Evidence — Child witness — Section 127(2) Evidence Act — Promise to tell truth sufficient; voire dire not mandatory if promise given. * Criminal law — Sexual offences — Proof required: victim’s testimony and corroboration (medical evidence) to establish act and identity. * Procedure — Charge-sheet — Citation of sentence provision not fatal where offence provision contains penalty. * Evidence — Failure to call witnesses — No adverse inference where proposed witnesses are not material or would give hearsay. * Appeals — Defence considered by trial and first appellate courts; mere rejection does not imply non‑consideration.
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Statutory rape conviction quashed due to credibility issues and inconsistencies despite admissible child evidence.
Criminal law – statutory rape – proof of age and penetration; child evidence – oath versus promise under s.127 Evidence Act and 2023 amendment (s.127(7)); credibility and corroboration – scrutiny of victim's testimony, medical report and surrounding circumstances; appellate review – interference with concurrent findings on second appeal.
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The Court of Appeal upheld rape convictions, affirming that statutory and procedural requirements were satisfied and the prosecution's evidence was credible.
Criminal law – Rape – statutory rape – proof of age of victim – credibility of child witness – variance between charge and evidence – compliance with statutory procedural requirements – adverse inference for failure to call witnesses – prosecutorial discretion in framing charges.
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Conviction quashed where PF3 and DNA were unreliable and prosecution failed to call arresting witnesses, creating reasonable doubt.
* Criminal law – statutory rape – proof of age of child victim – minor discrepancy immaterial where victim indisputably under age threshold. * Evidence – child witness – compliance with section 127(2) (promise to tell truth) and voir dire requirements. * Medical evidence – reliability of PF3 and medical testimony; PF3 may be discarded if internally inconsistent or based on hearsay. * Forensic evidence – negative/poor-quality DNA results may undermine prosecution evidence though DNA is not legally mandatory. * Prosecution duty – calling material witnesses (those who arrested accused); failure may permit adverse inference where absence is prejudicial. * Appellate review – obligation of first appellate court to re-evaluate defence evidence and avoid mere repetition of trial findings.
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Amendment removing leave requirement rendered the applicant’s extension to seek leave moot; application struck out.
Appellate procedure — amendment to Appellate Jurisdiction Act s.5 — removal of leave requirement for civil appeals to Court of Appeal — retrospective application of procedural amendment — Rule 10 application for extension of time to seek leave rendered moot and struck out; Primary Court origin — certificate on point of law issue noted.
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The court confirmed that a child victim's promise to tell the truth suffices for admissibility of testimony in sexual offence cases.
Criminal law – Procedure – Child witness – Section 127(2) Evidence Act compliance – Sexual offences – Variance between charge and evidence – Corroboration of victim’s testimony – Standard of proof beyond reasonable doubt.
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The Court set aside the first appellant's life sentence due to age, ordering release; it upheld the second's conviction.
Criminal law – Sentencing of juveniles – Procedure for admitting child witness testimony – Rights upon arrest – Identification of suspects.
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The court maintained the appellant's conviction for child cruelty whilst dismissing defects in other charges.
Criminal Law - Proof beyond reasonable doubt - Defective charge sheet - Admissibility of child's evidence - Procedural compliance in criminal trials.
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Child’s testimony properly admitted; alibi wrongly ignored but found unprobative; rape conviction upheld.
* Evidence — Child witness competence — Section 127(2) Evidence Act — promise to tell the truth suffices where child shows understanding of consequences of lying. * Sexual offences — Reliance on child’s evidence — Section 127(6) Evidence Act — applies only where child’s evidence is sole independent evidence; cumulative corroboration permissible. * Criminal procedure — Defence of alibi — sections 194(4)–(6) CPA — lack of prior notice may affect weight but does not mandate outright rejection; court must assess probative value. * Criminal evidence — Failure to call investigator or delayed medical examination — not necessarily fatal where prosecution case is otherwise complete and explained.
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Alleged illegality over representative suit did not justify extension of time; application dismissed.
Labour law – representative proceedings – Rule 44(2) Labour Court Rules – requirement of court leave for representative labour disputes; Civil procedure – extension of time – sufficient cause; Illegality ground – apparent on face of record; Legal Sector Laws (Miscellaneous Amendments) Act 2023 – removal of leave to appeal requirement.
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Legislation summary
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Criminal Justice
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