|
Citation
|
Judgment date
|
| December 2005 |
|
|
|
28 December 2005 |
|
|
16 December 2005 |
|
|
16 December 2005 |
|
|
16 December 2005 |
|
Conviction for robbery was quashed due to unsafe night identification and unexplained delay in arrest.
* Criminal law – Robbery with violence – Identification evidence – Reliability of night-time identification by limited light. * Criminal procedure – Delay in arrest – Unexplained lapse undermining prosecution case. * Criminal law – Arrest for harbouring suspect – Distinction between primary perpetrator and harbouring suspicion. * Appeal – Conviction unsafe – Quashing conviction and setting aside sentence and compensation.
|
16 December 2005 |
|
|
16 December 2005 |
|
|
16 December 2005 |
|
Conviction quashed due to improper charge, procedural irregularities and lack of corroboration of accomplice evidence.
Criminal law — Charge formulation — s.326(6A) Penal Code deals with malicious injury, not theft under s.258; procedural irregularities in preliminary hearing (s.192, GN No.192/1988); reliance on co‑accused/accomplice evidence requires warning and corroboration; evidence tainted by familial disputes cannot serve as reliable corroboration; alibi notice (s.194) discretionary in weight; cumulative defects may amount to failure of justice requiring quashing of conviction.
|
16 December 2005 |
|
|
15 December 2005 |
|
|
15 December 2005 |
|
|
15 December 2005 |
|
|
15 December 2005 |
| November 2005 |
|
|
|
16 November 2005 |
|
|
16 November 2005 |
|
|
14 November 2005 |
|
|
9 November 2005 |
|
Application for leave to appeal out of time dismissed for lack of sufficient cause and no arguable grounds.
* Criminal procedure – leave to appeal out of time – applicant must show sufficient cause for delay.
* Criminal law – plea of guilty – admissions of facts may render an appeal devoid of arguable points.
* Court will refuse out‑of‑time leave where granting it would be futile and no substantive ground of appeal exists.
|
9 November 2005 |
|
|
7 November 2005 |
|
|
7 November 2005 |
|
|
7 November 2005 |
| October 2005 |
|
|
|
28 October 2005 |
|
|
28 October 2005 |
|
|
28 October 2005 |
|
|
28 October 2005 |
|
|
28 October 2005 |
|
Conviction for cattle theft quashed due to weak identification, ownership proof, conflicting dates and inordinate delay.
* Criminal law – Theft (s.268 Penal Code) – Sufficiency of identification and proof of ownership of allegedly stolen animals – Conflicting dates and inordinate delay undermining prosecution case – Prosecution withdrawal of support for conviction.
|
26 October 2005 |
|
Conviction set aside where magistrate failed to inform accused of right to have previously heard witnesses re‑summoned, causing prejudice.
Criminal procedure — Section 214(2)(a)/(b) CPA — duty of magistrate who resumes trial to inform accused of right to have witnesses re‑summoned — conviction based on evidence not wholly recorded — material prejudice — appellate power to set aside conviction — discretion as to retrial.
|
26 October 2005 |
|
|
26 October 2005 |
| September 2005 |
|
|
|
19 September 2005 |
|
Applicant charged with infanticide granted bail; respondent’s objection over absent police file rejected.
Criminal procedure – Bail – Infanticide charge under section 199 Penal Code – Respondent’s failure to produce police investigation file not a bar to bail – Conditions: monetary bail, two sureties (one with immovable property), surrender of travel documents, surety approval by District Magistrate.
|
14 September 2005 |
|
|
12 September 2005 |
|
Appeal against rape conviction dismissed; credibility findings and medical corroboration upheld.
Criminal law – Rape – Evaluation of credibility and corroboration – Medical evidence (PF3 and vaginal smear showing spermatozoa) supports complainant’s account; appellate court will not disturb thorough trial findings.
|
12 September 2005 |
|
|
12 September 2005 |
|
A High Court application challenging a District Court appellate order was incompetent; the order is appealable under s.25(1)(b) and application dismissed.
* Civil procedure – competence of applications – orders of District Court made in appellate jurisdiction are appealable under s.25(1)(b) of the Magistrates' Courts Act, 1984; fresh applications in High Court in such circumstances are incompetent.
|
12 September 2005 |
|
|
7 September 2005 |
|
|
7 September 2005 |
|
Delay excused due to prison administrative defects but appeal dismissed as having no arguable merit.
Criminal procedure — extension of time to appeal under s.361 Criminal Procedure Act — good cause where prison administrative defects impede lodging — merits must be arguable; futile appeals may be refused.
|
7 September 2005 |
|
|
7 September 2005 |
|
|
5 September 2005 |
|
|
5 September 2005 |
|
|
5 September 2005 |
|
|
5 September 2005 |
| August 2005 |
|
|
|
29 August 2005 |
|
Appellate court upheld robbery conviction based on reliable eyewitness identification and an admission; appeal dismissed.
* Criminal law – Robbery with violence – visual identification during pursuit – reliability of eyewitness identification; * Criminal procedure – extra-judicial admission to witness – corroboration of identification evidence; * Appeal – appellate review of factual findings – deference to primary court credibility findings.
|
29 August 2005 |
|
|
29 August 2005 |
|
Dying declaration and eyewitness evidence established that assaults hastened death, convicting the accused of manslaughter.
Criminal law – Manslaughter – admissibility and weight of dying declaration – causation where assault hastens death of person suffering disease – application of section 203 Penal Code; credibility of relative witnesses.
|
15 August 2005 |
| July 2005 |
|
|
Good cause for delay was shown, but the intended appeal lacked merit so the extension application was dismissed.
* Criminal procedure – extension of time – good cause for delay – late receipt of copy of judgment and procedural/language difficulties. * Appealability – merits/futility test – court may refuse extension where intended appeal discloses no arguable point. * Criminal law – assault causing actual bodily harm – use of excessive force in effecting an arrest and appellate review of factual findings.
|
27 July 2005 |
|
Appellant’s conviction for possession of bhang upheld; failure to cross‑examine undermined defence and two‑year sentence affirmed.
* Criminal law – possession of narcotic drugs – sufficiency of evidence to establish possession found in accused’s room.
* Criminal procedure – credibility and effect of failure to cross‑examine a prosecution witness on a crucial exculpatory point.
* Sentencing – severity of term considered but not vitiated where no legal misdirection or omission found.
|
8 July 2005 |
|
Application for leave to appeal out of time dismissed for procedural defects and absence of any prayers; liberty to refile allowed.
* Criminal procedure – leave to appeal out of time – requirement to lodge notice of intention to appeal and timely petition – procedural compliance. * Civil/criminal procedure – chamber application deficiency – absence of prayers renders application defective. * Relief – dismissal of defective application with liberty to file fresh application.
|
8 July 2005 |
|
A defective chamber application lacking any prayer is dismissed; applicant may refile properly to seek leave to appeal out of time.
* Criminal procedure – leave to appeal out of time – procedural requirements for chamber applications – necessity of specifying prayers and relief sought; failure to lodge notice of intention to appeal and time bar.
|
8 July 2005 |