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Citation
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Judgment date
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| November 2004 |
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Conviction for rape based solely on potentially coerced victim testimony and non‑specific medical findings was quashed as unsafe.
* Criminal law – Sexual offences – Reliance on victim’s uncorroborated testimony – Court must be satisfied of truthfulness before convicting; potential coercion undermines reliability. * Medical evidence (PF3) showing STI is not necessarily sufficient corroboration linking accused to offence without independent connection. * Appellate intervention warranted where conviction rests on unsafe or uncorroborated testimony.
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25 November 2004 |
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Appellate court critiques unreliable identification, procedural defects in confession recording, and poor police investigation undermining the conviction.
* Criminal law — Rape — Identification evidence — reliability where complainant had only met accused once and incident occurred near night-time. * Criminal procedure — Confession — admissibility and proper recording of cautioned statements; transfer of interrogation to competent officer. * Evidence — adequacy of police investigation, sketch plan and PF3 as corroboration. * Prosecution conduct — duty to elicit detailed identification and to properly lead witnesses.
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25 November 2004 |
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Conviction quashed where weak identification and defective police procedures left possibility of mistaken identity.
* Criminal law – Rape – Identification evidence – Single or first-time identification and lack of detailed description – risk of mistaken identity; * Criminal procedure – Investigation and prosecution – improper recording of confession/cautioned statement and inadequate questioning; * Appeal – Conviction unsafe where identification and procedural defects create reasonable doubt.
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25 November 2004 |
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Identification plus corroborative medical and lab evidence upheld rape conviction and sentence; appeal dismissed.
* Criminal law – Rape – Identification of accused – Evidence of complainant and child who knew accused before incident.
* Criminal law – Rape – Proof of penetration – Victim's testimony corroborated by medical and laboratory findings.
* Evidence – Medical and laboratory corroboration – Presence of pus cells and organisms resembling Neisseria gonorrhoeae.
* Appeal – Credibility and alibi – Defence failed to raise reasonable doubt.
* Sentence – Thirty years imprisonment and compensation upheld as appropriate.
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24 November 2004 |
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A disowned cautioned statement cannot sustain convictions without trial-within-trial and corroboration.
* Criminal law – cautioned statement – trial-within-trial required where maker disowns statement – voluntariness to be established.* Repudiated confession – requires corroboration or judicial warning before it can sustain conviction of maker.* Co-accused confession – cannot convict other accused absent independent corroboration.* Conviction unsafe where based on improperly admitted and uncorroborated confession.
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22 November 2004 |
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Rape conviction quashed for failure to prove victim's age; conviction for impregnating a schoolgirl under Education Rules confirmed.
* Criminal law – evidence – age of complainant – failure to prove age beyond bare statement undermines rape conviction. * Sexual offences – corroboration – medical exhibit (PF3) and victim’s account corroborate intercourse and pregnancy. * Education law – impregnating a schoolgirl – broad interpretation of 'schoolgirl' includes period post-primary pending secondary selection. * Procedure – incorrect statutory citation may be corrected where accused is not prejudiced; substitution of correct provision permitted.
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18 November 2004 |
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Conviction based on a single nighttime identification by a frightened 14-year-old without Waziri Amani safeguards was quashed.
Criminal law – Visual identification – Reliability of single identification by a young witness at night – Failure to apply Waziri Amani safeguards – Conviction quashed.
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17 November 2004 |
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Conviction quashed where inconsistent evidence and failure to summon a material defence witness rendered the verdict unsafe.
* Criminal law – rape – credibility of witnesses – inconsistencies in time and place of alleged offence undermining prosecution case.
* Criminal procedure – failure to summon material defence witness – prejudice to accused and impact on safety of conviction.
* Criminal procedure – discretion as to retrial – when quashing conviction and ordering release is appropriate.
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16 November 2004 |
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Appellant detained despite apparent expiry of sentence; court orders release unless held on other lawful charges.
Prison law – continued detention after sentence expiration – court may order release where record shows no lawful basis for continued custody; appeal allowed.
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12 November 2004 |
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Appeal undermined by destroyed trial record; conviction quashed and sentence set aside, release ordered unless detained on other charges.
Criminal procedure — Missing or destroyed trial record — Appeal cannot be determined where record unavailable — Usual remedy: retrial — Retrial inappropriate if appellant has served sentence — Conviction quashed and sentence set aside — Release unless lawfully detained on other charges.
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12 November 2004 |
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Missing trial record prevented proper appeal determination; conviction quashed and sentence set aside, with conditional release.
Criminal appeal – missing/destroyed trial record – inability to determine appeal; remedy of retrial; quashing conviction and setting aside sentence where retrial impractical; conditional release if no other lawful detention.
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12 November 2004 |
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Conviction based on uncorroborated night-time identification was unsafe; appeal allowed and conviction quashed.
Criminal law — Robbery — Identification evidence — Single eyewitness identification at night — Need for corroboration — Conviction unsafe when based on uncorroborated testimony.
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9 November 2004 |
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Court refused to enhance a two-year sentence for grievous harm after the accused had already served it.
Criminal law – Revision – Enhancement of sentence – Whether sentence should be increased on revision where it appears inadequate – Effect of accused having already served the sentence – Domestic violence; grievous bodily harm.
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8 November 2004 |
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Conviction for a sexual offence based solely on an elderly victim’s uncorroborated identification was unsafe and appeal allowed.
Criminal law – Sexual offences – Conviction on sole victim’s testimony; Assessment of credibility and recording reasons; Identification evidence and risks of mistaken identity; Duty to call material witnesses; Insufficient evidence leading to unsafe conviction.
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5 November 2004 |
| October 2004 |
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Conviction quashed where cautioned statement procedures were defective and provenance of recovered items was doubtful.
* Criminal procedure – cautioned statements – compliance with statutory requirements (section 10(3)) – voluntariness and trial-within-a-trial where accused protests recording; * Evidence – recovery/identification of stolen property – provenance and reliability; * Conviction unsafe where procedural defects and doubtful evidence exist.
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27 October 2004 |
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Recent possession of a stolen flag without explanation supports a finding of theft; housebreaking and value remained in issue.
* Criminal law – Theft – Recent possession doctrine – Possession of recently stolen property raises presumption of guilt absent explanation. * Criminal law – Elements of offence – Whether housebreaking (breaking into building) was proved. * Evidence – Identification – Witness identification shortly after offence and seizure of stolen item as corroboration.
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25 October 2004 |
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The accused was acquitted because invalid post‑mortem evidence left reasonable doubt on causation of death.
Criminal law – causation in homicide/manslaughter; admissibility and weight of post‑mortem evidence; Inquests Act and Medical Practitioners and Dentists Act requirements for post‑mortem examinations; lawfulness of a medical practitioner adopting findings of a non‑medical examiner.
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22 October 2004 |
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Night-time rape conviction quashed for inadequate identification and insufficient medical proof.
Criminal law – Rape – Night-time identification; sufficiency of identification evidence; proof of penetration and adequacy of medical evidence; appellate intervention where conviction is unsafe.
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19 October 2004 |
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Voice identification and dying declaration corroborated; the accused convicted of manslaughter and sentenced to three years.
Criminal law – Manslaughter; voice identification evidence; admissibility and weight of dying declaration; corroboration of identification; disproving alibi; sentencing — mitigation considered.
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18 October 2004 |
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Conviction for burglary and theft upheld after stolen generator was recovered from the appellant; sentences affirmed.
Criminal law – Burglary and stealing – Recovery of stolen property – Admissibility and weight of owner’s statement under the Evidence Act – Defence of safekeeping uncorroborated – Sentences affirmed.
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15 October 2004 |
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Applicant’s extension for lodging a petition of appeal refused for lack of sufficient cause and failure to file mandatory notice of appeal.
Criminal procedure – appeal time limits – application for extension of time to lodge petition of appeal – requirement to file notice of intention to appeal under s.361(a) Criminal Procedure Act – failure to file notice fatal – insufficiency of prison logistical difficulties and threats as cause for delay.
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11 October 2004 |
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A petition of appeal filed within time is incompetent if the mandatory notice of intention to appeal was not lodged.
* Criminal procedure – Appeals – Time limits – Date of certification of copy of judgment fixes commencement of appeal period under s.361(b).
* Criminal procedure – Appeals – Notice of intention to appeal – Mandatory requirement under s.361(a); failure renders appeal petition incompetent.
* Prison procedures – Delay in obtaining copies – may justify extension, but procedural prerequisites remain essential.
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11 October 2004 |
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Conviction quashed where evidence was flimsy and appellant was an innocent receiver who took the mattress in broad daylight.
* Criminal law – Theft/Burglary – adequacy of evidence – identification and ownership marks – receiver of property. * Appellate review – interference with concurrent findings – appellate court may overturn where evidence is flimsy or doubtful. * Defence – innocent receiver where property delivered in daylight in presence of witnesses.
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11 October 2004 |
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Bail granted for a bailable infanticide charge, but appeal struck out for failure to lodge required notice of intention to appeal.
• Criminal procedure – Bail – Bailable offence – Court may grant bail where applicant undertakes to comply with conditions and respondent’s objection (non‑production of police file) is untenable.
• Appeals – Time limits – Section 361(b) Criminal Procedure Act – computation from date of certification of judgment; petition forwarded within 45 days is in time.
• Appeals – Notice of intention to appeal – Section 360(a) Criminal Procedure Act – mandatory preliminary requirement; failure to lodge renders petition incompetent.
• Remedies – Striking out incompetent petitions and permitting applications to lodge notice out of time.
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11 October 2004 |
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Appellants' convictions quashed where identification was unreliable and a co-accused's cautioned statement was improperly relied upon.
Criminal law – identification evidence – reliability of eyewitness identification at scene; admissibility and weight of cautioned statement of co-accused; sufficiency of evidence to support conviction; quashing unsafe convictions.
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8 October 2004 |
| September 2004 |
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Conviction based on colour-only identification and flight was unsafe; appeal allowed and conviction quashed.
* Criminal law – Theft – Identification of stolen property – Identification by colour or vague marks is weak and insufficient to establish ownership; conviction unsafe. * Evidence – Flight and recovery of property – Running away and possession of parts insufficient alone to prove guilt beyond reasonable doubt. * Procedure – Duty to call corroborative witnesses (police) – failure weakens prosecution case; benefit of doubt to accused.
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20 September 2004 |
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Appeal allowed: conviction quashed for insufficient evidence and improper admission of statutory statement and unestablished victim competency.
Criminal law – Unnatural offence – Conviction based on insufficient evidence; Evidence Act – competency of witness (s127) and procedure for non‑verbal evidence (s128); admissibility of extrajudicial statements (s34B(2)) – statutory conditions and necessity of maker or recorder’s testimony; medical PF3 as corroborative but insufficient where core testimony and formalities lacking.
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13 September 2004 |
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10 September 2004 |
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Convictions quashed where unlawful search, inadequate investigation and failure to secure defence witnesses rendered trial unfair.
Criminal law – Burglary and stealing – Lawful search and seizure – Search allegedly without search order and independent witnesses – Fair trial – Trial court’s duty to assist accused in securing defence witnesses – Inadequate investigation – Conviction unsafe – Appeal allowed.
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1 September 2004 |
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1 September 2004 |
| August 2004 |
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30 August 2004 |
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18 August 2004 |
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Identification by torchlight at night was unreliable; conviction for armed robbery quashed for lack of corroboration.
Criminal law – Armed robbery – Visual identification at night by torchlight – Reliability of identification – Need for corroboration where identification is doubtful – Delay in arrest undermines identification – Conviction unsafe.
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18 August 2004 |
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Possession of recently stolen property and conduct producing the stolen item supported conviction for burglary and theft; appeal dismissed.
* Criminal law – Burglary and stealing – possession of recently stolen property – possession shortly after theft and failure to give satisfactory explanation supports conviction.
* Evidence – Identification and credibility – conduct of accused in producing stolen property for sale as corroborative of guilt.
* Appeal – Assessment of credibility – appellate court will not disturb trial court’s findings absent misdirection.
* Sentencing – concurrent terms affirmed as lawful.
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17 August 2004 |
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Appeal dismissed; conviction for stealing by agent and five-year sentence confirmed as properly supported and lawful.
* Criminal law – Stealing by agent – Sufficiency of evidence – Conviction affirmed where documentary order and witness testimony established collection and transfer of cashewnut consignment.
* Sentencing – Five-year imprisonment – Within statutory maximum and not disturbed on appeal.
* Appellate review – No material to show trial court relied on extraneous matters or misapplied law.
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9 August 2004 |
| July 2004 |
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4 July 2004 |
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Appeal dismissed: victim established as a child; consent irrelevant and conviction for rape upheld.
Criminal law – Rape of a child – Proof of age: parental testimony and PF3/medical report as evidence – Consent immaterial where victim is a child – Procedural issue: voir dire for witnesses of tender age; omission not fatal where age and offence proved.
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4 July 2004 |
| June 2004 |
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20 June 2004 |
| March 2004 |
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Conviction for unlawful possession of firearms and trophies quashed due to reasonable doubt despite admissibility of contested evidence.
Criminal procedure – admissibility of evidence obtained in breach of procedural rules – exercise of discretion under section 169 Criminal Procedure Act; Arms and Ammunition – unlawful possession; Wildlife Conservation – unlawful possession of government trophies; adverse inference from silence – section 231(3) Criminal Procedure Act; burden of proof and reasonable doubt; conviction quashed.
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8 March 2004 |
| January 2004 |
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Appeal allowed: prosecution failed to prove defilement of an incapacitated victim beyond reasonable doubt.
Criminal law – Appeal – Defilement of an "idiot" (s.137 Penal Code) – Standard of proof – Sufficiency and admissibility of evidence – PF3 and production of mentally incapacitated victim – Untendered exhibits (bhang, condoms) and evidentiary inconsistencies.
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10 January 2004 |
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Court granted bail to juveniles charged with manslaughter, holding juvenile‑bail rules inapplicable and imposing strict surety conditions.
Criminal procedure – Bail pending trial – Applicability of section 148 Criminal Procedure Act 1985; section 148(5)(e) and offences involving serious assault or firearms; Children and Young Persons Act – non‑applicability of juvenile bail provisions to homicide; admissibility and weight of PF.3 medical report as factor in bail decision; imposition of monetary bond and surety requirements.
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1 January 2004 |
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Prosecution witness inconsistencies and unclear identification/arrest facts meant guilt was not proved beyond reasonable doubt.
* Criminal law – murder – proof beyond reasonable doubt – inconsistent and exaggerated eyewitness accounts undermining prosecution case.
* Criminal law – identification and arrest – uncertainty in identification and arrest circumstances weakens case.
* Criminal law – last-seen principle – being last seen with deceased creates suspicion but is not conclusive proof of guilt.
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1 January 2004 |
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Application for extension of time to appeal dismissed for failure to annex petition and lack of any arguable appeal.
Criminal procedure — leave to appeal out of time — requirement to annex copy of intended petition — procedural non-compliance renders application incompetent; merits review — no arguable grounds — futility of granting extension; evidence of recovered stolen property affecting prospects of appeal.
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1 January 2004 |