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Citation
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Judgment date
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| March 2026 |
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An unequivocal guilty plea admitting facts (including victim's age) removes need for exhibits; appeal dismissed.
Criminal procedure — plea of guilty — unequivocal plea removes need for exhibits; statutory rape — mandatory life sentence; PF3 non-reading not fatal; language of charge must be understood.
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13 March 2026 |
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Prosecution failed to prove drug cultivation beyond reasonable doubt due to broken chain of custody and procedural evidential defects.
Drugs — cultivation — burden of proof beyond reasonable doubt; chain of custody of exhibits; identification of seized exhibits; requirement to read documentary exhibits after admission; contradictions in place of discovery
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13 March 2026 |
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Statutory rape conviction upheld where victim's minority and penetration were proven despite missing PF3 and date variance.
Evidence Act amendment — voir dire no longer mandatory; statutory rape — consent immaterial for minors; medical report (PF3) not indispensable; variance in charge particulars not fatal where ingredients proven; appeal dismissed.
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11 March 2026 |
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Victim's credible identification and corroboration upheld rape conviction despite absent sketch map or written confession.
Criminal law — Rape — Identification of accused by a known victim in daylight — Corroboration by witnesses; Sketch map not invariably fatal; Oral confession before civilian witnesses admissible even if not reduced to writing; Minor medical timing discrepancy inconsequential.
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11 March 2026 |
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Voice recognition and surrounding circumstances supported the arson conviction; the appeal was dismissed.
Criminal law — arson; identification evidence — voice recognition and visual ID; admissibility and weight of remorseful statements as admission; failure to call witness; appellate review of grounds of appeal.
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11 March 2026 |
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Joint representation denied fair trial; identification and evidential gaps led to convictions quashed and release ordered.
Criminal law – fair trial – conflict of interest in joint legal representation preventing cross-examination; Evidence – visual identification and recognition; Cautioned statements – retraction and need for corroboration; Criminal procedure – delay in arraignment contrary to s.33(2) CPA; Failure to call material witness – adverse inference; Retrial – interest of justice (Fatehali Manji).
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11 March 2026 |
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Failure to inquire whether the applicant had a probable defence upon appearance after conviction in absentia vitiated proceedings.
Criminal procedure – conviction in absence – duty to enquire into cause of absence and probable defence under s.243(2) CPA – right to be heard – procedural irregularity vitiating conviction – AJA s.6(2) nullification and remit.
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11 March 2026 |
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Recent-possession conviction overturned where motorcycle identity, ownership and chain of custody were unproven.
Criminal law – murder – doctrine of recent possession – identity and ownership of recovered property – chain of custody – seizure certificate – failure to call material witnesses – adverse inference – conviction quashed.
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11 March 2026 |
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Failure to call a material informer witness rendered the prosecution's rape conviction unsafe; appeal allowed and conviction quashed.
Criminal law — sexual offences — proof beyond reasonable doubt — failure to call material witness (informer) — adverse inference — conviction unsafe.
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11 March 2026 |
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Appellate court reduced an 18-year manslaughter sentence to 12 years for being manifestly excessive despite serious aggravating factors.
Criminal law — Manslaughter; sentencing — appellate interference where sentence is manifestly excessive; mitigation — plea of guilty, first offender, heat of passion; victimology and penology balance.
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11 March 2026 |
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Unproven precise age of child-victim requires tangible evidence; inference from kindergarten attendance insufficient, affecting sentence.
Criminal law – Statutory rape – Proof of victim's age – Sources of evidence (victim, parent, medical practitioner, birth certificate) – Inference under Evidence Act – Tangible evidence required where age is in controversy – Benefit of doubt – Sentence reduction from life to 30 years.
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11 March 2026 |
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Conviction quashed where prosecution failed to prove age, relied on an unread PF3, and presented inconsistent, unrefuted evidence.
Criminal law – Rape – Proof beyond reasonable doubt; admissibility and reading of exhibits (PF3); proof of age in statutory rape; witness credibility and inconsistencies; investigative omissions and failure to call relevant witnesses; proper consideration of accused's defence.
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11 March 2026 |
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Conviction for rape quashed because identity was not proved beyond reasonable doubt; cautioned statement expunged.
Criminal law – Rape – Identity of accused – Visual identification and identification parade – Procedural irregularities – Admissibility of cautioned statement – Improperly procured confession expunged – Conviction unsafe where identity not proved beyond reasonable doubt.
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11 March 2026 |
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Malice aforethought inferred from conduct and confession; appeal against murder conviction and mandatory death sentence dismissed.
Criminal law — Murder — Malice aforethought may be inferred from nature of acts, use of deadly substance, premeditation, post-offence concealment and confession; confession leading to discovery corroborative; provocation not transferable to innocent third party; mandatory death sentence under sections 196–197 Penal Code.
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10 March 2026 |
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Conviction quashed where evidence conflicted with the charge sheet date and the prosecution failed to prove the offence beyond reasonable doubt.
Criminal law – Rape – Variance between charge sheet date and evidence – Duty to prove specific date/place – Victim credibility – Failure to amend charge renders offence unproven.
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10 March 2026 |
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Material variance between charge sheet date and key witness evidence, unamended under s.251 CPA, led to quashing of conviction.
Criminal law – variance between charge sheet particulars and evidence – material variance – duty to amend under section 251 Criminal Procedure Act – failure to amend fatal to prosecution’s case; proof of date and particulars in sexual offences; acquittal where charge unproven.
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9 March 2026 |
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A material variance between the date pleaded in the charge sheet and the evidence is fatal, rendering the charge unproven.
Criminal law – Variance between charge sheet particulars and evidence – Specific date pleaded must be proved or charge amended – Failure to amend is fatal – Conviction quashed; sentence set aside.
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9 March 2026 |
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Missing trial court judgment vitiated subsequent appeals; proceedings nullified and case remitted for proper conviction.
Criminal procedure – Missing trial court judgment – Fatal irregularity – Nullification of proceedings – Power under s.6(2) AJA – Remittal for proper conviction – Consideration of time spent in custody.
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9 March 2026 |
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Plea was unequivocal; conviction upheld, but 30-year sentence enhanced to mandatory life imprisonment for child victim.
Criminal law — guilty plea — unequivocal plea and admissions; language and right to a fair trial; procedure for reading facts after guilty plea (s.245 CPA); variance between charge and PF3; sentencing — unnatural offence on a child under 18 — mandatory life imprisonment; appellate enhancement of sentence (s.6(2) AJA).
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6 March 2026 |
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Accused’s unobjected confessions and corroborative evidence upheld conviction; absence of DNA and clinic card not fatal; appeal dismissed.
Criminal law – Rape and impregnating a schoolgirl – Weight of accused’s cautioned statement – Non-requirement of DNA evidence – Credibility of victim who initially lied – Failure to tender clinic card not fatal – Second appeal: new grounds not entertained under s.6(2) AJA – Sentence revision under s.373 CPA.
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3 March 2026 |
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The appellant’s conviction was quashed because the key witness gave unsworn evidence, and remaining evidence was insufficient.
Criminal procedure – oath/affirmation — mandatory requirement under section 212(1) CPA; unsworn witness evidence vitiates proceedings and has no evidential value. Evidence — key witness expunged — remaining evidence must independently and reliably prove guilt beyond reasonable doubt. Confession/alleged admissions — need testimony of recipients to corroborate and rely upon them in conviction
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2 March 2026 |
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Second appeal dismissed: victim's credible testimony and medical corroboration established statutory rape beyond reasonable doubt.
Criminal law — Statutory rape — Proof of age, penetration and identity — Victim's testimony and corroboration — Prompt identification and delayed arrest — Non‑calling of investigating officer — Appellate deference to concurrent findings.
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2 March 2026 |
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Child witness evidence properly recorded and corroborated; concurrent convictions upheld and appeal dismissed.
Evidence Act s135(2) – Child witness testimony; corroboration by relatives and clinical evidence; competency and credibility of related witnesses; limits on raising new factual issues on second appeal; concurrent findings of fact
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2 March 2026 |
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Victim's recognition and medical corroboration upheld child rape conviction; appeal dismissed.
Criminal law – Rape of a child – identification by recognition – corroboration by parent and medical (PF3) – delay in reporting justified by threats – failure to call additional witness not fatal – standard of proof beyond reasonable doubt.
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2 March 2026 |
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Recognition and causation evidence upheld; death sentence quashed because the applicant was under 18 at the offence.
Criminal law – identification by recognition at night – proof of death without post‑mortem – committal procedure for witnesses – sentencing of juvenile offender; substitution with detention during President’s pleasure under s.26(2) Penal Code.
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2 March 2026 |
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Variance between charge particulars and evidence without amendment vitiates prosecution, warranting acquittal and release.
Criminal law — Variance between charge particulars and trial evidence — Duty to amend charge under section 251 CPA — Specificity of date/time/place in charge — Failure to amend fatal — Appellate intervention for misdirections/non-directions on evidence.
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2 March 2026 |
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Victim’s testimony and corroboration upheld statutory rape conviction despite discounted medical evidence; applicant’s impotence defence unproved.
Criminal law – Statutory rape – Proof of age, penetration and perpetrator – Medical evidence inconsistent and discounted – Victim’s evidence and corroboration sufficient – Defence of impotence is burden on accused under s.121 Evidence Act – Delay in reporting justified by threats
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2 March 2026 |
| February 2026 |
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Victim’s credible and corroborated evidence upheld conviction for statutory rape; minor name discrepancy and omitted witnesses were immaterial.
Criminal law – Sexual offences – Statutory rape – Victim's evidence as best evidence – Corroboration by mother, teacher and medical examiner – Hearsay vs direct evidence (s.67 Evidence Act) – Alibi – Failure to call additional witnesses not fatal (s.152 Evidence Act).
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27 February 2026 |
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Conviction on an unequivocal guilty plea obviates need for further proof, including proof of victim's age; appeal dismissed.
Criminal law — Plea of guilty — Unequivocal plea — No requirement for further proof (including age) where plea is unequivocal; signature of admitted facts unnecessary where plea under s.245(2) CPA; appellate review confined to matters raised and decided below
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27 February 2026 |
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Whether the accused's plea was unequivocal and whether PF3 and cautioned statement were validly admitted.
Criminal procedure — plea of guilty — unequivocal plea — Michael Adrian Chaki criteria; Evidence — PF3 and cautioned statement — admissibility when tendered and not objected to; Charge particulars — necessity to disclose essential ingredients; Appeal — duty of first appellate court to consider grounds
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27 February 2026 |
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Appeal dismissed where charge, admitted exhibits, and the accused's guilty plea were all found legally sound.
Criminal law – unnatural offence and grievous harm – sufficiency of charge and particulars – admissibility of PF3 and cautioned statement – plea of guilty: criteria for unequivocal plea (Michael Adrian Chaki test) – appellate review of trial and first appellate court determinations
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27 February 2026 |
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Conviction for rape quashed where the victim's inconsistent testimony made the prosecution's case unsafe.
Criminal law – Rape – Credibility of complainant – Delay in reporting – Corroboration and medical evidence – "Diverse dates" in particulars of offence – Appellate review of concurrent findings of fact.
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27 February 2026 |
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Victim's credible testimony and medical corroboration upheld; delay and omitted witnesses not fatal; appeal dismissed.
Criminal law – Unnatural offence – Victim's testimony as best evidence in sexual offences – Delay in reporting justified by threats and immaturity – Medical corroboration – Minor contradictions immaterial – Failure to call non-material witnesses not fatal – Second appeal cannot raise new factual grounds.
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27 February 2026 |
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Conviction for raping a one‑year‑old upheld: victim need not testify; maternal and medical corroboration sufficient; appeal dismissed.
Criminal law – rape of an infant – victim need not testify when too young; mother’s contemporaneous identification and PF3 medical report can suffice; failure to call some witnesses not fatal; accused’s flight indicative of guilt.
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27 February 2026 |
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An unequivocal guilty plea supported by admitted facts and exhibits precludes appeal against conviction; appeals are limited to sentence legality.
Criminal procedure — Plea of guilty — Requirements for an unequivocal plea (proper charge, comprehension, admission to each ingredient, and facts establishing elements) — Appeal limitations under s.381(1) CPA — Admission of PF3 and birth certificate as supporting exhibits.
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27 February 2026 |
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Failure to determine alleged offender's age and to discharge burden to disprove minority vitiated the conviction; release ordered.
Criminal law — Defence evidence — Claim of minority — Burden on prosecution to disprove age beyond reasonable doubt; Law of the Child Act s100(2) — stay and commit to juvenile court; unshaken defence testimony creates reasonable doubt; appellate re-evaluation on second appeal.
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27 February 2026 |
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Conviction quashed where child’s recognition evidence was generic and prosecution failed to call material eyewitnesses.
Criminal law — Visual identification — Recognition versus identification — Need for detailed contemporaneous description to first reporter — Failure to call material witnesses and adverse inference — Second appeal interference with concurrent findings where verdict is unsafe
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26 February 2026 |
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A material variance between the charge sheet dates and trial evidence required amendment; failure to amend entitled the appellant to acquittal.
Criminal law – Variance between charge sheet particulars and trial evidence – Requirement to amend charge under section 234(1)/252(1) CPA – Failure to amend or prove alleged dates is fatal and entitles accused to acquittal; proof beyond reasonable doubt; rape offence particulars
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26 February 2026 |
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26 February 2026 |
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Conviction quashed where guilty plea was equivocal and prosecution failed to tender evidence of essential ingredients.
Criminal law – Unnatural offence – guilty plea – requirement that prosecution narrate facts establishing ingredients (penetration, victim's age) – failure to tender exhibits (PF3/birth certificate) – equivocal plea vitiates conviction – discretion not to order retrial where prosecution would fill gaps.
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25 February 2026 |
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Victim’s credible testimony, corroborated by medical PF3, sufficed to uphold incest conviction; appeal dismissed.
Criminal law – incest by male – child victim’s testimony as primary evidence in sexual offences – medical report (PF3) corroborates penetration only – non‑calling of other household child not necessarily fatal to prosecution – appellate review of credibility findings
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24 February 2026 |
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Equivocal guilty plea and unapproved charge alteration led to quashing conviction and ordering the appellant's release.
Criminal law — Plea of guilty — Equivocal/imperfect plea where plea, charge and facts conflict; Amendment of charge — alteration without court order invalid; Retrial — discretionary refusal where retrial risks prosecutorial improvement prejudicial to accused.
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24 February 2026 |
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Conviction quashed where sole identifying witness gave only a general description and identification was delayed, risking mistaken identity.
Criminal law – Rape (child) – Visual identification – Identification parade/description – Delay between incident and identification – Second appeal and concurrent findings – Quash conviction for insufficient identification evidence
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24 February 2026 |
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Appeal dismissed: victims' testimony and PF3s proved rape of minors; short medical delay and absence of accused’s medical exam immaterial.
Criminal law – Rape of minors – proof of age (parental evidence) – proof of penetration (medical PF3s) – identity (victim testimony) – limited delay in medical examination – no requirement to medically examine the accused.
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24 February 2026 |
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Appellate court affirmed conviction: repudiated cautioned statement admissible and doctrine of recent possession applied.
Criminal law - housebreaking and stealing; admissibility of cautioned/repudiated statements after trial-within-a-trial; doctrine of recent possession; appellate review of concurrent factual findings; prosecutorial discretion on witnesses
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24 February 2026 |
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Court dismissed appeal: plea was unequivocal; recording in English permissible; conviction on admitted facts proper.
Criminal procedure – plea of guilty – unequivocal plea – admissible admissions and exhibits; appeal barred by s.381(1) CPA except as per Mpinga exceptions; language of proceedings – Kiswahili for plea, English for official record; conviction on admitted facts obviates need to prove particulars
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24 February 2026 |
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Appeals after guilty pleas are limited to sentence legality; Court ordered concurrent sentences for the appellant.
Criminal procedure — appeals from guilty plea limited to legality/extent of sentence; Consolidation of charges — discretionary, requires related offences and same evidence; Plea-taking — section 245(2) CPA, sanctity of court record; Sentencing — guilty plea as mitigation; effect of prior convictions and caution on "habitual offender" label; Consecutive vs concurrent sentences — same transaction warrants concurrency
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24 February 2026 |
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Appeal dismissed: circumstantial evidence, reliable recognition and confessions corroborated by recovered exhibits proved guilt beyond reasonable doubt.
Criminal law — Circumstantial evidence — Tests for cogency and chain of inference; Identification — recognition by a familiar witness; Last-seen principle; Admissibility and corroborative value of cautioned/confessional statements; Recovery of exhibits as corroboration (phone and weapon); Defence of general denial.
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24 February 2026 |
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Absence of mandatory DPP consent rendered the narcotics trial a nullity; conviction quashed and retrial refused, appellant released.
Drugs — Narcotics trafficking; jurisdiction — mandatory DPP consent for economic crimes; failure to procure consent renders proceedings a nullity; chain of custody and seizure certificate defects; retrial refused where retrial would prejudice accused.
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24 February 2026 |
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The applicant's armed robbery conviction upheld as eyewitness testimony and unobjected exhibits proved the offence.
Criminal law - Armed robbery: required ingredients (theft; weapon at or immediately after theft; threat/use of violence) - Evidence: eyewitness corroboration; admissibility of exhibits tendered without objection; no obligation to send unobjected physical exhibit to Chief Government Chemist; cautioned statement not relied upon; appellate interference on second appeal limited absent misdirections.
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23 February 2026 |