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The Court of Appeal dismissed Fakihi Ismail’s second appeal against an attempted robbery conviction, upholding that the prosecution proved its case beyond reasonable doubt.
The trial court erred in convicting the appellants of attempted robbery; the evidence established the offence of armed robbery as defined under s. 287A of the Penal Code. Procedural omissions did not prejudice the appellants or vitiate the proceedings. The appellants were properly identified and implicated by the prosecution evidence.
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The conviction was quashed because the cautioned statement was illegally obtained outside the statutory period without lawful extension, and the identification evidence was insufficient to sustain a conviction.
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The High Court dismissed a criminal appeal, substituted a conviction for armed robbery, and upheld 30-year sentences. It found procedural lapses were not fatal.
The Court of Appeal allowed a criminal appeal, holding that identification by torchlight was not watertight and the convictions could not stand.
The High Court allowed a criminal appeal after finding the appellants were not properly identified as participants in a nighttime attempted robbery.
The High Court held that the evidence did not prove intent to steal, quashed attempted robbery, substituted assault, and reduced the sentence to time served.
The High Court dismissed a criminal appeal against conviction for attempted robbery with violence, holding the appellant was sufficiently identified by multiple witnesses.
The High Court dismissed a criminal appeal and upheld a 7-year sentence for robbery with violence, finding the complainant’s identification reliable.
The High Court quashed Joseph Shirima’s attempted robbery conviction for lack of proof, upheld unlawful possession of a firearm, and revised the sentence upward.
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