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History of this document
24 September 2004 this version
17 August 2004
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Cited documents 0
Documents citing this one 2
Judgment
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Failure to comply with s192(3) and s9(3) CPA and omission to state convicted offence vitiated the conviction.
Criminal procedure — Preliminary hearing — non-compliance with s.192(3) CPA nullifies proceedings; Failure to furnish complainant’s statement (s.9(3) CPA) fatal; Witnesses’ right to have evidence read over (s.210(3) CPA) irregular but curable; Identification — arrest at scene does not negate need for watertight pre-arrest ID; Confession/admissions — absence of objection permits admission but admitted documents must be read aloud or be expunged; Judgment must specify offence and statutory provision (s.312(2) CPA) — omission fatal.
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Eyewitness identification, recovered weapon, medical report and voluntary confessions established malice aforethought; accused convicted and sentenced to death.
Criminal law – Murder – proof beyond reasonable doubt through eyewitness identification, forensic (post‑mortem) and recovered weapon evidence; admissibility and corroborative value of cautioned and extra‑judicial/confession statements; malice aforethought inferred from weapon, injuries, planning and motive.
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