High Court Corruption and Economic Crimes Division - 2020 December

4 judgments
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4 judgments
Citation
Judgment date
December 2020
18 December 2020
15 December 2020
8 December 2020
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.
3 December 2020