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Citation
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Judgment date
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| April 2008 |
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Court upheld the applicant's rape conviction on credible eyewitness and medical evidence; absence of semen not fatal.
Sexual offences – rape – proof of penetration – penetration however slight is sufficient; absence of semen not fatal to prosecution case. Evidence – credibility of eyewitness and medical evidence corroborating sexual assault. Criminal procedure – prosecution’s discretion as to which witnesses and exhibits to call.
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25 April 2008 |
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Applicant granted extension and leave to file a notice of appeal out of time due to court/registrar error and justice considerations.
Civil procedure – Extension of time under Court of Appeal Rules r.8; sufficiency of reasons for delay; court/registrar errors and counsel inadvertence; discretion to grant leave to file notice of appeal out of time; constitutional right to appeal; jurisdictional issue originating from tax matters.
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25 April 2008 |
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Night-time visual identification and inadequate corroboration rendered the conviction unsafe; appeal allowed and appellant released.
Criminal law – Visual identification – Night-time identification; factors: distance, duration of observation, intensity of light, prior acquaintance (Waziri Amani principles). Corroboration – Scope and quality required; corroboration cannot bolster inherently unreliable eyewitness evidence. Standard of proof – Prosecution must prove guilt beyond reasonable doubt; courts must not convict on weakness of defence.
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24 April 2008 |
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Reported
Court upheld appellants' convictions: identification and recovery evidence sufficient despite challenge to caution‑statement timing.
Criminal law – armed robbery; identification evidence in daylight and prior acquaintance; admissibility and timing of caution statements (s.50 CPA); recovery of stolen property as corroboration; appellate scrutiny of overall sufficiency of evidence.
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23 April 2008 |
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Reported
Appeal dismissed; conviction for sodomy of a child upheld on credible eyewitness evidence despite procedural omissions.
Criminal law – Unnatural offence (sodomy) against a child – evidence of child witnesses – voir dire – admissibility of prior police statement and PF3 (s.240(3)) – sketch plan – corroboration of child testimony – right to silence and s.231(1) rights explanation.
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23 April 2008 |
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Appellate court upheld conviction based on credible eyewitness child testimony despite procedural omissions.
Criminal law – Unnatural offence; Evidence – voir dire for child witness; Evidence – admissibility of PF3 and section 240(3) compliance; Eyewitness identification of child witnesses; Right to silence and adverse inference.
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23 April 2008 |
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Reported
Conviction quashed for failure to conduct/record child voir dire, call examining doctor, and fairly assess defence.
Evidence — Child witness — voir dire — requirement to determine and record that child has sufficient intelligence and understands duty to tell the truth (s127 Evidence Act). Criminal procedure — Medical report (PF3) — duty to inform accused of right to have examining doctor summoned for cross-examination (s240(3) Criminal Procedure Act); non-production undermines authenticity. Criminal appeal — failure to analyze and give reasons when rejecting defence may amount to miscarriage of justice warranting quashing of conviction.
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23 April 2008 |
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Applicant’s vague failure to disclose when corrected judgment was received defeated extension of time to seek leave to appeal.
Civil procedure – extension of time – applicant must account for delay by disclosing when he became aware of the decision – vague or inconsistent affidavits fail to show sufficient cause; procedural defects in Notice of Motion may be cured by grounds in affidavit but do not excuse substantive failure to account for delay.
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22 April 2008 |
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A precautionary extension under Rule 8 is appropriate where a High Court application for leave to appeal remains pending.
Extension of time – Court of Appeal Rules, r.8 – precautionary applications where leave to appeal pending in High Court – Rule 83(1) exception and certificate of delay – procedural compliance and service of notices.
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22 April 2008 |
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Reported
Recent-possession conviction upheld for leading participant; third appellant acquitted on doubts from contradictions and delays.
Criminal law – armed robbery – doctrine of recent possession – identification and possession of stolen goods shortly after theft – credibility, contradictions, delayed statements and absence of exhibits – appellate interference with concurrent findings of fact.
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21 April 2008 |
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Recent-possession conviction upheld for one appellant; convictions of two others quashed for inconsistent and uncorroborated evidence.
Criminal law – Armed robbery – Application of doctrine of recent possession where stolen property recovered shortly after theft. Evidence – Accomplice evidence – Necessity for corroboration where conviction rests primarily on another accused's statement. Evidence – Evaluation of contradictions, delays in statements and failure to tender exhibits affecting safety of conviction. Appellate review – Interference with concurrent findings where there are misdirections or unresolved inconsistencies.
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21 April 2008 |
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Daylight identification and recovered property upheld conviction despite possible delay in recording a caution statement.
Criminal law – armed robbery – identification evidence – prior acquaintance, daylight observation and corroboration by third party. Criminal procedure – cautioned statements – compliance with section 50 Criminal Procedure Act – effect of delayed recording and admissibility. Evidence – recovery of stolen property – serial numbers and receipts as corroboration. Appellate review – sufficiency of evidence notwithstanding procedural defects in statements.
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21 April 2008 |
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Reported
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18 April 2008 |
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Appeal dismissed: child’s identification and independent evidence upheld despite improper PF3 and unlawful cautioned statement.
Criminal law – Sexual offence (unnatural offence/sodomy) – Child witness competency under Evidence Act s127(5) – Admission of medical report PF3 and accused's rights under CPA s240(3) – Cautioned statement and CPA s50 – Visual identification by a single witness – Appeal dismissed.
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18 April 2008 |
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Possession of stolen goods shortly after an armed robbery and no explanation justified upholding the appellants' convictions.
Criminal law – Armed robbery – recent possession – possession of stolen property shortly after robbery and absence of satisfactory explanation – conviction upheld. Evidence – unlisted witness at preliminary hearing – duplication of testimony and harmlessness of omission.
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18 April 2008 |
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Reported
Failure to conduct/record a proper voir dire and to summon the examining doctor undermined the prosecution’s case; conviction quashed.
Criminal law – sexual offence against a child; Evidence Act s.127(2) & (7) – voir dire and finding on child witness competence; Criminal Procedure Act s.240(3) – right to have examining doctor summoned; Admissibility and authenticity of PF3 (medical report); Duty of trial court to consider and give reasons when rejecting defence.
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18 April 2008 |