High Court Corruption and Economic Crimes Division - 2020 July

5 judgments
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5 judgments
Citation
Judgment date
July 2020
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.
24 July 2020
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.
23 July 2020
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.
20 July 2020
10 July 2020
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.
6 July 2020