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Citation
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Judgment date
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| October 2025 |
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Consent and certificate defects and failure to specify place in particulars rendered convictions null and retrial unwarranted.
* Criminal law – jurisdictional competence – consent and certificate by Senior State Attorney for economic offences must specify statutory provision charged; absence renders trial a nullity.
* Criminal procedure – particulars of offence – place of commission is material; omission can be incurably defective.
* Retrial – not ordered where prosecution evidence is weak or where retrial would permit filling of evidential gaps.
* Evidence/procedure – perishable government trophies disposal proceedings: suspect’s comments must be recorded but such proceedings are not for eliciting confessions.
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13 October 2025 |
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Defective consent and jurisdictional certificate for an economic offence rendered the trial a nullity; proceedings quashed and appellants released.
* Criminal procedure – jurisdiction – consent to prosecute and certificate conferring jurisdiction under EOCCA must specify the statutory provision creating the economic offence; omission renders consent/certificate invalid and trial a nullity.
* Criminal law – economic offences – requirement of DPP or subordinate’s specific consent under section 26 EOCCA.
* Appellate relief – nullification and quashing of proceedings and judgments emanating from jurisdictional defect; retrial withheld where not in interest of justice (Fatehali Manji).
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13 October 2025 |
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Buy‑bust seizure of elephant tusks proved possession; minor contradictions and PF3/torture claims did not overturn conviction.
* Wildlife law – unlawful possession of government trophies – buy‑bust arrest and possession of elephant tusks; identification and seizure.
* Criminal procedure – voluntariness of cautioned statement – inquiry into alleged torture and admissibility.
* Evidence – minor contradictions in witness testimony (time, bag colour, light) do not necessarily vitiate conviction; absence of a photographer as witness not fatal where other material evidence exists.
* Chain of custody and valuation of trophies – admissibility and identification by wildlife officer.
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13 October 2025 |
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Failure to follow statutory procedure on insanity report vitiated trial; conviction quashed and retrial ordered.
Criminal procedure – defence of insanity – sections 219 and 220 CPA – duty to detain for medical examination, admission of mental hospital report, right of parties to adduce evidence and make submissions, and requirement for a special finding; failure to follow statutory procedure vitiates trial – retrial ordered.
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13 October 2025 |
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Appeal allowed: broken chain of custody, missing material witnesses and a flawed extra‑judicial statement defeated proof beyond reasonable doubt.
* Criminal law – sufficiency of evidence – proof beyond reasonable doubt – re‑evaluation by second appellate court for misdirection or misapprehension of evidence. * Evidence – chain of custody – necessity to account for custody, storage and transfer of exhibits. * Evidence – failure to call material witnesses permits adverse inference. * Confessions – extra‑judicial statements before Justices of the Peace must comply with Chief Justice's Guidelines; non‑compliance renders the statement inadmissible.
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13 October 2025 |
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Trial of economic offences without DPP consent and invalid jurisdiction certificate rendered proceedings null; appellant released.
Criminal procedure – Economic offences – Consent of the Director of Public Prosecutions required under section 26 EOCCA; absence of consent renders trial a nullity. Jurisdictional certificate must be validly issued and cite applicable statutory provisions; failure vitiates proceedings. Revisional powers under AJA s6(2) – nullification and quashing of proceedings. Retrial discretionary – declined where prosecution evidence deficient and retrial would prejudice accused (Fatehali Manji).
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13 October 2025 |
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Subordinate court lacked jurisdiction where consent and certificate for economic offence failed to cite the creating statute.
* Criminal procedure — Jurisdiction — Economic offences — Consent and certificate: consent for prosecution and certificate conferring jurisdiction must cite the specific legal provision creating the economic offence.
* Statutory interpretation — EOCCA and WCA — Omission to cite the creating provision renders instruments invalid and proceedings a nullity.
* Remedy — Nullification of proceedings, quashing of judgments and setting aside sentence; retrial refused where prosecution gaps risk prejudice to accused.
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13 October 2025 |
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9 October 2025 |
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Nighttime visual identification and material inconsistencies rendered the prosecution evidence unsafe; convictions were quashed.
* Criminal law – Visual identification at night – requirements of lighting, distance, duration, familiarity and description to avoid mistaken identity. * Evidence – contradictions between oral testimony and PF3/medical records – material discrepancies may vitiate prosecution case. * Evidence – failure to call material witnesses may compound doubts and affect safety of conviction. * Standard of proof – prosecution must prove guilt beyond reasonable doubt, particularly on identification evidence.
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8 October 2025 |
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A consent/certificate that fails to cite the statute creating an economic offence vitiates jurisdiction; conviction quashed, no retrial ordered.
* Criminal procedure – Economic offences – Consent under EOCCA s.26 and certificate under s.12(3) – requirement to cite specific statutory provision creating the offence; failure renders consent/certificate invalid and proceedings a nullity.
* Jurisdiction – subordinate courts – absence of valid conferment of jurisdiction invalidates trial and subsequent appeal proceedings.
* Retrial – application of Fatehali Manji criteria – retrial inappropriate where prosecution evidence is deficient and exhibits improperly handled or expunged.
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8 October 2025 |
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An equivocal guilty plea failing to admit malice aforethought invalidates a murder conviction; retrial ordered.
Criminal procedure – Guilty plea – Requirements under section 228 CPA and Adan v. Republic – Necessity to explain and secure admission to each ingredient of the offence; Murder – Essential element of malice aforethought must be clearly stated and admitted; Equivocal plea in capital cases invalidates conviction.
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7 October 2025 |
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Court upheld murder convictions, expunged a late cautioned statement, and dismissed the appeal.
Criminal law – murder – elements proved by autopsy and admissions; criminal procedure – prima facie case under section 231(1) CPA; right to fair hearing – joint representation and conflict of interest; admissibility – cautioned statement expunged for being recorded beyond statutory four-hour period; appellate re-evaluation of evidence.
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7 October 2025 |
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Consent and certificate failing to cite the statutory offence provision vitiate jurisdiction; convictions quashed and no retrial ordered.
* Criminal procedure – jurisdiction – consent under EOCCA s.26(2) and certificate under s.12(4) must cite the specific statutory provision creating the economic offence; omission vitiates jurisdiction and renders proceedings a nullity. * Appellate jurisdiction – revisional powers (s.6(2) AJA) – power to quash convictions and set aside sentences where subordinate court lacked jurisdiction. * Retrial – discretionary and not appropriate where prosecution evidence has serious deficiencies (absence of reserve boundary proof, improper inventory handling, out-of-time cautioned statement).
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7 October 2025 |
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Applicant's conviction quashed: defective visual identification and witness contradictions rendered the prosecution case unsafe.
* Criminal law – armed robbery – visual identification – requirement to explain distance, time and source/intensity of light (Waziri Amani principles).
* Evidence – contradictions and inconsistencies – effect on witness credibility; contradictions going to the root render prosecution case unsafe.
* Criminal procedure – evaluation of defence – trial and first appellate courts’ duty to evaluate defence evidence and procedural complaints (PF3 alleging torture).
* Appellate review – when errors in identification and credibility justify quashing conviction without re-evaluating entire record.
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6 October 2025 |
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Delayed cautioned statement admissible when accused unconscious; confession and injuries established murder with malice aforethought.
Criminal law – Murder – Malice aforethought under s.200 Penal Code – Confession admissibility – Delayed recording justified where accused unconscious (ss.51–52 CPA) – Provocation (ss.201–202) unavailable where no sudden provocation – Sufficiency of evidence and role of appellate re‑hearing.
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6 October 2025 |
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Invalid DPP consent under EOCCA vitiated trial jurisdiction; conviction quashed and retrial refused due to procedural and evidential defects.
Criminal procedure – jurisdiction – consent to prosecute economic offences under EOCCA s.26(1) – consent must be given by DPP unless validly delegated under s.26(2); improper consent vitiates proceedings. Admissibility/procedure – exhibits must be read/explained to accused; prosecution must prove location/boundaries in national-park offences. Retrial – refused where conviction set aside for defects likely to prejudice accused and where prosecution evidence is weak.
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6 October 2025 |
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Appeal allowed: identification evidence unreliable and medical evidence expunged, so prosecution failed to prove murder beyond reasonable doubt.
* Criminal law – Identification evidence – visual identification and Waziri Amani factors – contradictions on source and adequacy of light; last person seen with deceased doctrine requires corroboration. * Criminal procedure – Committal requirements – omission to list witness at committal renders subsequent testimony and exhibits liable to expungement.
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6 October 2025 |
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A High Court’s failure to consider the appellant’s grounds denied his right to be heard and rendered its judgment a nullity.
Constitutional right to fair hearing (Art.13(6)(a)) — appellate duty to consider grounds of appeal — failure to consider grounds renders judgment a nullity — Court’s revisional powers (s.4(2) AJA) to quash and remit for rehearing.
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6 October 2025 |
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Improper re-transfers rendered the trials void; convictions quashed and retrial refused due to inordinate delay and weak, contradictory evidence.
Criminal procedure – transfer under section 256A(1) CPA – magistrate to whom case is transferred must try to finality; Jurisdiction – improper re-transfer and re-assignment – proceedings nullity; Retrial – principles governing retrial; Delay in prosecution and contradictions in circumstantial evidence may render retrial unjust.
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3 October 2025 |
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Unlisted committal witness and contradictory testimony rendered the murder conviction unsafe; conviction and sentence quashed.
Criminal law – Committal procedures – Sections 263 and 308 CPA – inadmissibility of witness not read at committal or added without notice; Credibility of witnesses – contradictions and inconsistencies; Failure to call material witnesses – adverse inference; Standard of proof – beyond reasonable doubt; First appeal as rehearing and re-evaluation of evidence.
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1 October 2025 |
| May 2025 |
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The appeal against a gang rape conviction and life sentence is dismissed, upholding trial court findings.
Criminal Law – Gang Rape – Evidence sufficiency for elements of rape and multiple offenders.
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6 May 2025 |
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The court upheld the conviction for an unnatural offense, emphasizing evidence corroboration and proper procedure in admitting the appellant's statement.
Criminal law – Unnatural offense conviction – Evidence credibility and corroboration – Voir dire of child witness – Admissibility of appellant's cautioned statement.
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6 May 2025 |
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The court quashed the murder conviction due to unreliable visual identification and witness contradictions.
Criminal Law - Murder - Visual identification reliability - Witness credibility and contradictions - Procedural compliance in consolidation of charges.
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6 May 2025 |
| April 2025 |
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Court upholds dismissal due to procedural irregularities; appellant's evidence deviated from pleadings in land dispute.
Civil Procedure – Adherence to pleadings – Variance between evidence and pleadings – Burden of proof in land ownership claims.
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11 April 2025 |
| March 2025 |
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Appeal allowed; conviction overturned due to lack of corroborated evidence and failure to call material witness.
Criminal law – Rape – Proof of age – Sufficiency of evidence – Duty to call material witnesses.
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27 March 2025 |
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Delayed arraignment and failure to summon key witnesses undermined the prosecution's case, leading to acquittal.
Criminal law - Rape - Proof beyond reasonable doubt - Delay in arraignment - Failure to summon key witness.
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27 March 2025 |
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Appellant's conviction for rape overturned due to reasonable doubt and inconsistencies in the prosecution's case.
Criminal law – Rape – Proof beyond reasonable doubt – Alleged grudges affecting credibility of prosecution witnesses – Inconsistencies in testimonies.
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27 March 2025 |
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The court found the High Court erred in conviction and restitution orders due to insufficient evidence and improper procedure.
Criminal Law – theft by servant – insufficient evidence and authenticity of audit report – inappropriate imposition of restitution order.
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26 March 2025 |
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Conviction for murder quashed and replaced with manslaughter due to provocation; sentenced to 15 years imprisonment.
Criminal Law – Murder vs. Manslaughter – Provocation – Confessional Statements – Proof of Malice Aforethought
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25 March 2025 |
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Court upholds conviction for statutory rape, finding the prosecution's evidence compelling and the appellant's defence unpersuasive.
Criminal law – Rape – Proving statutory rape – Adequacy of victim's testimony and corroborative evidence – Evaluation of defendant's defence.
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25 March 2025 |
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The trial was nullified due to procedural errors, including conflict of interest and unnotified evidence admission.
Criminal Law – Right to fair trial – Conflict of interest in legal representation – Admission of evidence from unlisted witnesses and exhibits
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24 March 2025 |
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The court affirmed that eyewitness testimonies were sufficient for conviction absent any material inconsistencies.
Criminal Law - Murder - Material inconsistencies in evidence - Sufficiency of eyewitness testimony - Alibi defense refutation.
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24 March 2025 |
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The court ruled the appellant acted under provocation, reducing the charge from murder to manslaughter.
Criminal Law – Murder vs. Manslaughter – Provocation as a defense – Reliability of witness testimony in murder convictions.
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24 March 2025 |
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Conviction for murder quashed due to unreliable child identification witness and insufficient supporting evidence.
Criminal Law – Murder – Identification Evidence – Identification by a child – Reliability and credibility – Defense considerations.
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19 March 2025 |
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Court finds procedural lapses non-prejudicial and upholds murder conviction demonstrated by visual identification evidence.
Criminal Law – Murder – Visual identification evidence – Procedural inadequacies in summing up to assessors – Proof of malice aforethought.
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18 March 2025 |
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The court quashed a rape conviction due to identification doubts and evidential inconsistencies.
Criminal Law - Rape conviction - Unsworn testimony of minor - Hearsay evidence - Requirements for identification - Presence of social welfare officer
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17 March 2025 |
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Court upheld murder conviction affirming sufficient evidence of malice aforethought despite procedural challenges.
Criminal Law - Murder - Malice aforethought - Evidential value of confessions - Procedural compliance.
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17 March 2025 |
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Charges of rape and unnatural offense not proven beyond reasonable doubt; convictions quashed.
Criminal Law – Rape and unnatural offences – Evaluation of evidence – Unexplained delay in prosecution – Proof beyond reasonable doubt.
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17 March 2025 |
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The appellants' murder trial was deemed unfair due to denied cross-examination rights; convictions nullified, no re-trial ordered.
Criminal law – murder conviction – fair trial – right to cross-examine co-accused – re-trial not ordered due to potential prejudice.
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17 March 2025 |
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Conviction quashed where visual/voice identification was unsafe and prosecution failed to comply with section 289 CPA.
Criminal law – Murder – Identification evidence – Visual and voice recognition – Waziri Amani safeguards – failure to consider lighting, distance, duration – non-compliance with s.289 CPA for additional witnesses – sketch map evidential weight – conviction quashed.
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17 March 2025 |
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Appellants' murder convictions upheld based on credible witness testimony, showing common intention and malice aforethought.
Criminal Law – Murder conviction – Credibility of witnesses related to the victim – Common intention and malice aforethought.
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14 March 2025 |
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Extension granted due to alleged jurisdictional error in appellate decision impacting land ownership orders.
Extension of Time – Revision Application – Jurisdictional Error – Apparent Error on Record – Miscarriage of Justice.
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14 March 2025 |
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The Court of Appeal upheld a rape conviction, finding no material errors in evidence or procedural handling.
Criminal law - rape - identification in the dock - specification of time in charges - corroboration of victim's testimony - admissibility of evidence.
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14 March 2025 |
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Circumstantial evidence and a contested confession were insufficient for appellant's murder conviction, leading to acquittal.
Criminal Law – Murder – Reliance on circumstantial evidence and confession statement – Whether confession was voluntary and reliably corroborated.
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14 March 2025 |
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The appellant's conviction for murder was affirmed, with malice aforethought established beyond reasonable doubt.
Criminal law - Murder - Procedural correctness in admitting evidence - Assessment of malice aforethought - Variations in deceased's name significance.
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14 March 2025 |
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Appeal judgment highlighting trial court's failure to enter convictions before sentencing, requiring case remand for correction.
Criminal Law – Conviction and sentencing – Mandatory entry of conviction before sentencing; Irregularities in trial court judgment.
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14 March 2025 |
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The appeal against a conviction for statutory rape was dismissed, affirming the trial court's decision and procedures.
Criminal law – Statutory rape – Right to fair trial – Prosecution's burden of proof – Expungement of exhibits.
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14 March 2025 |
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Appellant's conviction for murder upheld due to credible eyewitness accounts and discredited alibi defense.
Criminal Law - Murder - Proof beyond reasonable doubt - Minor contradictions in witness testimony - Defense of alibi - Credibility of eyewitnesses.
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3 March 2025 |
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Appeal dismissed; conviction for murder upheld due to proven malice aforethought and lack of provocation evidence.
Criminal law - Murder - Malice aforethought - Provocation - Whether evidence supports charge of murder or manslaughter.
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3 March 2025 |
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The appeal against a 30-year conviction for rape was dismissed, affirming evidence as credible and consistent.
Criminal law – Rape – Proof beyond reasonable doubt – Consistency and credibility of evidence – Qualification of medical personnel as expert witnesses – Allegations of fabrication rejected.
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3 March 2025 |