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Citation
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Judgment date
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| December 2020 |
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18 December 2020 |
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15 December 2020 |
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8 December 2020 |
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Unreliable identification and lack of corroboration raised reasonable doubt, resulting in acquittal on wildlife poaching charges.
* Criminal law – Identification evidence – observations made at 100m amid shrubs and trees; contradictions in witness descriptions render identification unsafe and require caution. * Evidence – Corroboration – where identification is weak, corroborative evidence is necessary to sustain conviction. * Defence – Alibi – properly raised alibi, supported by witnesses and documents, can create reasonable doubt. * Wildlife law – Prosecution must prove unlawful hunting and dealing beyond reasonable doubt; seized exhibits may be confiscated under s.101 Wildlife Conservation Act.
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3 December 2020 |
| November 2020 |
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20 November 2020 |
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16 November 2020 |
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16 November 2020 |
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Possession of an elephant tusk was proved, chain of custody upheld, alibi rejected; convicted, sentenced to 20 years and tusk forfeited.
Wildlife offences – unlawful possession of government trophy (elephant tusk); evidentiary proof of possession; chain of custody requirements and admissibility; late alibi and statutory notice under economic offences statutes; sentencing and forfeiture under Wildlife Conservation Act and Economic and Organized Crime Control Act.
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13 November 2020 |
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10 November 2020 |
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6 November 2020 |
| September 2020 |
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Accused convicted of unlawful possession of heroin hydrochloride; chain of custody upheld despite detention irregularities.
* Drug offences – identity of substance – heroin hydrochloride confirmed by Government Chemist as narcotic drug; section 15(2) covers substances with drug effects not expressly listed. * Search and seizure – seizure certificate and independent witness statement corroborate retrieval from accused. * Chain of custody – oral testimony and exhibit markings upheld continuity despite documentary gaps. * Procedural irregularity – detention beyond 48 hours noted but did not vitiate admissible evidence. * Conviction on alternative count of unlawful possession; sentence imposed.
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18 September 2020 |
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8 September 2020 |
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8 September 2020 |
| August 2020 |
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Prosecution proved unlawful possession of an elephant tusk; chain of custody intact and accused convicted, fined or imprisoned.
Wildlife offences — unlawful possession of government trophy (elephant tusk); admissibility and weight of certificate of seizure; chain of custody and exhibit integrity; statutory notice/particulars for alibi; effect of failure to cross-examine and afterthought defences; forfeiture and sentencing under Wildlife Conservation Act and Economic and Organized Crime Control Act.
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18 August 2020 |
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Court convicted two accused for unlawful possession of three elephant tusks; chain of custody held unbroken.
* Wildlife offences – unlawful possession of government trophies (elephant tusks)
* Possession – actual and constructive possession principles applied
* Evidence – validity of on-scene seizure and signed seizure certificate
* Chain of custody – documentary and oral proof sufficient despite minor inconsistency
* Sentencing – heavy statutory penalties; forfeiture of exhibits under Wildlife Conservation Act
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17 August 2020 |
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6 August 2020 |
| July 2020 |
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Accused acquitted where identification and disposal of perishable exhibits were unreliable and alibi raised reasonable doubt.
Wildlife offences — proof beyond reasonable doubt — visual recognition evidence — caution in reliance on recognition at distance — retracted cautioned statement requires corroboration — disposal of perishable exhibits must involve accused and comply with procedure before evidential reliance.
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24 July 2020 |
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Accused convicted for unlawful possession and sale of a government trophy; chain of custody and statutory burden of proof considered.
* Wildlife Conservation Act – unlawful possession and dealing in government trophy; identification and valuation of elephant tusk. * Documentary and oral proof of chain of custody – seizure and handing‑over forms sufficient for items not easily tampered with. * Burden under s.100(3) shifts to accused to prove lawfulness on balance of probabilities. * Sentencing – statutory minimum under EOCCA s.60(2) applied.
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23 July 2020 |
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Acquittal due to broken chain of custody and disparity between charge particulars and prosecution evidence regarding possession of trophies.
* Wildlife offences – unlawful possession, dealing and transfer of government trophies; chain of custody; admissibility of seizure certificate under Wildlife Conservation Act; authorised officer requirement; effect of variance between charge particulars and evidence; failure to call material witness.
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20 July 2020 |
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10 July 2020 |
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Acquittal where defective seizure procedures, missing exhibit labels and broken chain of custody raised reasonable doubt.
* Criminal law – narcotics – identification of substances – admissibility of Government Chemist evidence; * Evidence – chain of custody – requirement for exhibit labeling, packing materials and independent witness; * Procedure – certificate of seizure should be signed at scene in presence of independent witness; * Confession – oral confessions require cautioning and corroboration; * Burden – prosecution must prove guilt beyond reasonable doubt.
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6 July 2020 |
| May 2020 |
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Perishable trophy disposed without proper procedure or accused present; prosecution failed to prove offences beyond reasonable doubt.
Wildlife law – unlawful hunting and possession of government trophy; perishable exhibits – disposal procedure under WCA s.101, EOCCA s.23 and PGO No.229 para.25; accused’s right to be present and heard before disposal; burden of proof in criminal trials; alibi notice requirements under EOCCA s.42.
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11 May 2020 |
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Prosecution failed to prove hunting or unlawful possession where disposal of perishable trophy breached required procedure and evidence was inadequate.
Wildlife Conservation Act – unlawful hunting and unlawful possession of government trophy; perishable exhibits – statutory and procedural safeguards for disposal; requirement that accused be present and heard before disposal order; evidential consequences of failure to seize remains; burden-shifting under WCA regarding licence/permit.
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11 May 2020 |
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8 May 2020 |
| April 2020 |
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29 April 2020 |
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17 April 2020 |
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Acquittal due to invalid seizure documentation and a broken chain of custody undermining prosecution's case.
* Criminal law – narcotic drugs – proof of possession and trafficking – requirement to prove possession beyond reasonable doubt; burden under s.28 DCEA shifts to accused to show lawful possession on balance of probabilities.
* Evidence – certificates of seizure – must be completed and signed at the scene and, where required, witnessed independently to have evidential weight.
* Evidence – extra‑judicial statement – a retracted statement is not a confession and requires corroboration.
* Evidence – chain of custody – documentation or watertight oral testimony required to exclude tampering; contradictions and unexplained gaps break the chain.
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8 April 2020 |
| March 2020 |
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27 March 2020 |
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6 March 2020 |
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6 March 2020 |
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6 March 2020 |
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6 March 2020 |
| February 2020 |
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28 February 2020 |
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18 February 2020 |