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Citation
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Judgment date
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| March 2025 |
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The conviction for rape was overturned due to credibility issues and lack of DNA evidence linking the appellant to the alleged offense.
Criminal law - rape - delay in reporting - effect on credibility; Evidentiary issues - DNA testing - importance in sexual offense cases.
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24 March 2025 |
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The court upheld statutory rape conviction, citing credible evidence and proper legal procedures.
Criminal Law – Statutory Rape – Admissibility of Evidence – Identification of the Accused – Burden of Proof
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24 March 2025 |
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Conviction in a statutory rape case overturned due to unreliable witness testimony and lack of credible evidence.
Criminal Law – Rape – Proof of age and credibility of child witnesses – Evidential value of testimony without voir dire – DNA evidence in statutory rape.
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24 March 2025 |
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Notice of appeal struck out for respondent's failure to file intended appeal within prescribed time despite receiving documents.
Appellate Procedure – Notice of Appeal – Failure to File Appeal – Essential Steps Not Taken Within Prescribed Time.
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21 March 2025 |
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Appeal allowed; conviction quashed due to procedural errors and insufficient evidence in a statutory rape case.
Criminal law – Evidence – Admissibility of child witness testimony – Procedural requirements – Sufficiency of proof in statutory rape cases.
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21 March 2025 |
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Court upholds 30-year rape conviction based on credible victim and eyewitness testimony, dismissing procedural defect claims.
Criminal law – rape – evidence of the victim and eyewitness credibility – defective charge claims – procedural considerations.
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20 March 2025 |
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The court quashed a rape conviction due to incredible victim testimony and absence of key witnesses, failing the proof standard.
Criminal law – Rape – Credibility of victim's testimony – Key witness absence – Burden of proof beyond reasonable doubt.
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20 March 2025 |
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Court upholds statutory rape conviction based on credible victim testimony and corroborating evidence, dismissing appeal.
Criminal law – statutory rape – evidence required to prove penetration and victim’s age – credibility of victim’s testimony.
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20 March 2025 |
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The court quashed a rape conviction due to omitted specifics in the charge and an unchallenged alibi.
Criminal Law – Rape conviction – Variance in charge sheet and evidence – Defense of alibi unaddressed.
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19 March 2025 |
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Court upholds armed robbery conviction, emphasizing proven identification and sufficient evidence beyond reasonable doubt.
Criminal law - Armed robbery - Identification by recognition - Proven beyond reasonable doubt - Importance of immediate reporting by witness.
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18 March 2025 |
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The rape conviction was overturned due to critical inconsistencies and failure to establish necessary legal elements.
Criminal law – Rape – Proof beyond reasonable doubt – Inconsistencies in date and place – Failure to prove penetration or victim's age.
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17 March 2025 |
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The appeal against a life sentence for rape succeeded due to inconsistencies in evidence and delayed arrest.
Criminal law - rape charges - assessment of witness credibility - delayed arrest as affecting prosecution's credibility
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17 March 2025 |
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Conviction for murder upheld based on circumstantial evidence and reliable oral confession leading to body discovery.
Criminal Law – Murder – Circumstantial evidence – Admissibility and reliability of oral confession – Weight of defense evidence.
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17 March 2025 |
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Criminal proceedings nullified due to misclassified civil dispute and a defective charge sheet.
Criminal law – Stealing by agent – Distinction between criminal and civil disputes – Defective charge sheet and unproven elements of criminal offence.
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17 March 2025 |
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A murder case was nullified due to improper jurisdictional transfer, with the case remitted for retrial by the High Court.
Criminal procedure – jurisdiction – improper transfer of case to court without proper jurisdiction – nullification of trial proceedings under wrong statutory provisions – retrial ordered.
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14 March 2025 |
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Trial annulled due to conflict of interest in representation, retrial ordered for fair trial assurance.
Criminal law - murder - fair trial - conflict of interest in joint representation - retrial ordered due to ineffective representation.
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14 March 2025 |
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The appellant's murder conviction is upheld, relying on circumstantial evidence and a confession corroborated by circumstances.
Criminal law – Murder – Circumstantial evidence – Doctrine of recent possession – Confession without independent corroboration
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14 March 2025 |
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The appeal overturned conviction due to procedural flaws and insufficient evidence in proving murder beyond doubt.
Criminal law – Murder – Proof beyond reasonable doubt – Procedural irregularities in trial process – Admission of confessional evidence.
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13 March 2025 |
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The court quashed an excessive manslaughter sentence, citing overlooked mitigating factors and ordered immediate release.
Criminal law – Sentencing – Appeals against sentence – Excessive sentencing despite mitigating factors – First-time offender pleading guilty.
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13 March 2025 |
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The trial court's jurisdiction error nullified proceeding outcomes, prompting a High Court retrial for justice.
Criminal Law - Jurisdiction - Transfer of criminal cases for trial under wrong legal provision - Nullity of proceedings conducted without proper jurisdiction.
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13 March 2025 |
| December 2024 |
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A conviction for rape was quashed due to jurisdictional error and unreliable prosecution evidence, with the appellant ordered released.
Criminal procedure – appellate jurisdiction – improper transfer of appeal to Resident Magistrate with extended jurisdiction – jurisdictional error – nullity of proceedings; Evidence – sexual offences – credibility and reliability of complainant’s testimony – material contradictions – whether retrial appropriate where prosecution evidence is fundamentally flawed.
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10 December 2024 |
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Proceedings and conviction quashed for jurisdictional defect and insufficient evidence; appellants ordered released.
Criminal law—Jurisdiction—Improper transfer of murder trial to Resident Magistrate with extended jurisdiction—Effect of using wrong statutory provision—Evidential insufficiency and irregularities—Practice as to retrials after nullities.
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10 December 2024 |
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Conviction for armed robbery quashed due to unreliable identification evidence and procedural irregularities in admitting exhibits.
Criminal law – Armed robbery – Identification evidence – Failure to read documentary exhibits to accused upon admission – Contradictions in prosecution evidence – Proof beyond reasonable doubt – Admissibility of identification parade evidence.
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10 December 2024 |
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The court allowed a criminal appeal due to material discrepancies between the charge sheet and prosecution evidence, ordering acquittal.
Criminal law – Appeal – Rape and impregnating a minor – Material variance between charge sheet and prosecution evidence – Contradictions in prosecution case – Proof beyond reasonable doubt – Entitlement to acquittal if prosecution fails to prove the charge as framed.
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10 December 2024 |
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The conviction for armed robbery was quashed due to unreliable identification evidence and improperly admitted exhibits.
Criminal law – armed robbery – visual and voice identification – reliability of witness identification – improperly admitted exhibits – standard of proof in criminal cases – procedural irregularities in evidence.
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10 December 2024 |
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Life imprisonment for arson is not mandatory; sentencing courts must consider mitigating factors and exercise discretion.
Criminal law – Sentencing – Discretion – Offence of arson under Penal Code, section 319(a) – Life imprisonment not mandatory – Sentencing discretion must consider mitigating factors – Appeal against manifestly excessive sentence.
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10 December 2024 |
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A conviction was set aside where a defective charge sheet omitted key particulars of the armed robbery offence.
Criminal law – armed robbery – charge sheet – omission to specify person against whom weapon used – incurable defect – retrial not granted – fair trial rights – effect of defective charge on proceedings.
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10 December 2024 |
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A murder conviction may rest on a sufficiently corroborated extra-judicial confession even where other evidential doctrines fail.
Criminal law – Murder – Confession – Application of doctrine of recent possession – Last seen doctrine – Admissibility of confession – Evidential corroboration required for repudiated confessions – Failure to call material witnesses – Cautioned statement obtained in violation of law.
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4 December 2024 |
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The court quashed a rape conviction due to unreliable and contradictory evidence from the prosecution's key witness.
Criminal Law – Rape – Proof beyond reasonable doubt – Credibility and reliability of victim's testimony in sexual offence cases – Contradictory evidence – Quashing of conviction where prosecution evidence unreliable.
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4 December 2024 |
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A custodial sentence for impregnating a schoolgirl must consider mitigating factors; the thirty-year term is a maximum, not mandatory.
Criminal law – Sentencing – Discretionary powers – Maximum versus mandatory sentence – Impregnating a schoolgirl – Excessive sentence for first offender – Mitigating factors must be considered.
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3 December 2024 |
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Convictions quashed due to trial before improperly empowered magistrate and insufficient, contradictory prosecution evidence.
Criminal law – Attempted murder – Jurisdiction – Resident Magistrate with extended jurisdiction – Improper transfer under Magistrates’ Courts Act s.45(2) instead of Criminal Procedure Act s.256A(1) – Effect of nullity – Retrial – Insufficiency of prosecution evidence – Contradictory identification evidence – Expunging documentary evidence not disclosed at committal.
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2 December 2024 |
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Conviction for murder quashed due to inadmissible confessions and unreliable visual identification evidence.
Criminal procedure – admissibility of confessional statements – compliance with Chief Justice’s Instructions and sections 50–51 CPA – visual identification at night – evaluation of reliability – standard of proof in criminal matters – murder conviction quashed for evidential deficiencies.
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2 December 2024 |
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A criminal trial for murder was nullified due to the trial court's failure to follow legal procedures for handling an insanity defence.
Criminal procedure – Insanity defence – Failure to comply with section 220(2) and (3) of the Criminal Procedure Act – Duty to admit psychiatric report and allow parties to address court – Trial rendered a nullity.
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2 December 2024 |
| November 2024 |
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Convictions based on improperly admitted confessional statements quashed; prosecution failed to prove murder charge beyond reasonable doubt.
Criminal law – Murder – Convictions based on improper confessional statements – Procedural irregularities in admitting confessions – Failure to call material witness – Proof beyond reasonable doubt – Adverse inference for missing witness – Weight of defence evidence.
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28 November 2024 |
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A criminal trial was nullified and a retrial ordered due to denial of fair trial arising from ineffective legal representation.
Criminal procedure – fair trial – right to effective legal representation – conflict of interest among co-accused – assignment of separate counsel – nullification of proceedings and order for retrial where fair trial denied.
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28 November 2024 |
| April 2024 |
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An apparent jurisdictional illegality on the record can justify extension of time despite an unexplained short delay.
* Civil procedure – extension of time under rule 10 – requirement to account for each day of delay. * Illegality as good cause – jurisdictional illegality apparent on face of record suffices. * Competence – withdrawn appeal does not render an application for documents incompetent. * Registrar’s act – documents granted without jurisdiction are void ab initio.
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30 April 2024 |
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Extension denied for failure to account for delay and to show valid Rule 66(1) grounds for review.
Civil procedure — Extension of time to file review — Requirement to account for every day of delay; reliance on prison transfers and prison officers must be verified by affidavit; grounds for review must fall within Rule 66(1) and not amount to re-opening trial proceedings.
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9 April 2024 |
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Applicant’s unexplained delay, advocate error and non-apparent illegality justify dismissal of extension of time application.
Extension of time — requirement to account for each day of delay — advocate's negligence/apathy not ordinarily sufficient cause — illness and financial hardship not automatically good cause — alleged illegality must be apparent on the face of the record.
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9 April 2024 |
| March 2024 |
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Convictions quashed where extra-judicial and cautioned confessions were irregularly recorded, involuntary, and lacked independent corroboration.
Criminal law – Confessional evidence – Extra-judicial statements – Compliance with Chief Justice's Guide – voluntariness – Cautioned statements – compliance with section 57(2)(a) Criminal Procedure Act – requirement of independent corroboration – convictions unsafe where procedural irregularities and possible coercion taint confessions.
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26 March 2024 |
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Conviction unsafe where identification was unreliable and prosecution evidence and exhibits contained material defects.
* Criminal law – proof beyond reasonable doubt – visual identification – requirement to describe assailant’s appearance and attire to ensure reliable identification. * Criminal procedure – unexplained delay in arrest and failure to call material witnesses – adverse inference against prosecution. * Evidentiary weight – reliability of PF3, sketch map and victim statement where prepared or recorded long after incident and containing inconsistencies.
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26 March 2024 |
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The High Court correctly held the DLHT claim res judicata to earlier suits; the appeal is dismissed with costs.
* Civil procedure – Res judicata – Application of section 9 CPC – former suit between same parties or parties under whom they claim; * Land law – ownership dispute – identity of cause of action; * Tribunal procedure – participation of assessors – requirement to record opinions and read them to parties; * Appeal procedure – supplementary record of appeal – certificate of correctness cures minor defects; * Admissibility/usage of annexed judicial decisions for judicial notice.
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22 March 2024 |
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Notice of appeal struck out for failure to take essential steps to institute the civil appeal within prescribed time.
* Civil procedure – striking out notice of appeal – Rule 89(2) – failure to take essential steps to institute appeal (collecting certified copies, lodging record and security). * Appeals – institution of civil appeal – Rule 90(1) – memorandum and record in quintuplicate and security within 60 days. * Registrar’s notification – exclusion of time where applicant applied for and was notified to collect documents.
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22 March 2024 |
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Abandonment of appeal grounds and court endorsement do not constitute illegality justifying extension for revision; application dismissed.
* Civil procedure – Extension of time – Application for enlargement to file revision – sufficiency of cause; * Illegality as ground for enlargement – abandonment of grounds and court’s endorsement not illegality absent denial of hearing or lack of jurisdiction; * Revision is not an alternative to appeal – remedy is application for leave to appeal out of time; * Abuse of process where applicant seeks enlargement for revision instead of appealing out of time.
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22 March 2024 |
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Convictions quashed where confessions and search evidence were improperly admitted and the case was not proved beyond reasonable doubt.
Criminal procedure — confessional statements — duty to conduct inquiry (trial within trial) when objected; Confessions obtained while under custody — not voluntary; Search warrants — must relate to the offence and be read out after admission; Illegally obtained search evidence collapses linked exhibits; Burden — prosecution must prove guilt beyond reasonable doubt.
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22 March 2024 |
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A conviction founded solely on unelaborated night‑time visual identification is unsafe and must be quashed.
* Criminal law – Evidence – Visual identification – Evidence of visual identification at night is the weakest and must be watertight; witness must describe lighting and conditions.
* Criminal procedure – Burden of proof – Prosecution must eliminate possibility of mistaken identity and prove guilt beyond reasonable doubt.
* Evidence – Evaluation of circumstances – Terror, concealment and victim position can render identification unreliable.
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22 March 2024 |
| December 2023 |
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An equivocal or unsupported guilty plea vitiates an attempted rape conviction and leads to quashing of the conviction.
Criminal law — Plea of guilty — Plea must be unequivocal and establish legal ingredients of offence; contradictions between facts read in court and cautioned statement; omission of victim's age/gender under section 132(2)(a) Penal Code; coerced/confused pleas; miscarriage of justice — quashing conviction and setting aside sentence.
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14 December 2023 |
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Rape conviction quashed where victim’s testimony was inconsistent, medical report absent and material witnesses were not called.
* Criminal law – Rape – sufficiency of prosecution evidence – credibility of victim’s testimony and requirement of proof beyond reasonable doubt. * Evidence – medical evidence (PF3) and attendance of examining doctor – importance and consequences of non-production. * Evidence – failure to call material witnesses – adverse inference under Evidence Act and case law. * Appellate review – scrutiny of witness credibility and re-evaluation of safety of conviction.
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14 December 2023 |
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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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14 December 2023 |
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Appeal dismissed for non‑appearance must first be readmitted under s383(3) CPA before approaching the Court of Appeal.
Criminal procedure – dismissal for non‑appearance (s.383(1) CPA) – readmission (s.383(3) CPA) – jurisdiction of Court of Appeal (s.4(1) AJA) – appeal incompetent – strike out.
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13 December 2023 |
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Conviction for statutory rape upheld on credible child testimony and corroboration despite absence of DNA or medical witness evidence.
* Evidence — Child witness — Section 127(2) Evidence Act — Promise to tell the truth suffices even if not expressly stating 'not to tell lies'. * Criminal law — Rape (statutory) — Ingredients: identification, penetration, proof of age. * Identification — Recognition by light and naming at earliest opportunity strengthens reliability. * Evidence — PF3/medical evidence — Improper tendering/absence of doctor can lead to expunging but may not fatally affect conviction if other credible evidence exists. * Appeal — Second appeal standard — concurrent findings will not be disturbed absent miscarriage of justice.
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13 December 2023 |