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The High Court dismissed a criminal appeal against convictions for stealing a motor vehicle, upholding the trial court’s treatment of cautioned statements and evidence.
High Court dismissed a criminal appeal against a rape conviction, holding that the prosecution proved statutory rape of a 13-year-old beyond reasonable doubt.
The cautioned statement is admissible despite non-compliance with certain procedural requirements under the Criminal Procedure Act because the accused did not retract or repudiate the statement, there was no allegation of prejudice or denial of rights, and the non-compliance was not substantive but merely formal. The delay in recording was justified by the circumstances, and the absence of certain formalities did not affect the truth or voluntariness of the statement.
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The prosecution proved beyond reasonable doubt that the appellant trafficked 147.5 Kgs of cannabis sativa; the charge was sufficiently particularized, the chain of custody was intact, contradictions in evidence were minor and explained, and the cautioned statement was valid and voluntary.
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The High Court dismissed a criminal appeal, upholding convictions for breaking into a building and stealing after finding voluntary confessions and valid corroborating evidence.
The High Court partly allowed a criminal appeal: it quashed the conspiracy convictions but upheld the 1st appellant’s conviction for stealing five cattle.
The court found that the cautioned statement was recorded within the permissible time frame and in compliance with section 57(4) of the Act. The objections raised by the Defence were overruled as the statement was properly authenticated and the cited precedents were distinguishable.
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The prosecution failed to prove the case beyond reasonable doubt due to procedural irregularities in the preparation of the certificate of seizure, failure to establish an unbroken chain of custody, lack of scientific identification of the alleged government trophy, and the cautioned statement being recorded out of time. Additionally, the trial court lacked jurisdiction as the required consent under EOCCA was not properly signed.
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Section 58(4) of the Criminal Procedure Act allows a police officer to both investigate and record a cautioned statement; the defence's first objection is overruled. Issues of conflicting dates and voluntariness require a trial within trial for determination.
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The chain of custody for Exhibit P1 was not properly established due to material contradictions and missing links in the movement and handling of the exhibit, rendering the evidence unreliable and insufficient to sustain the conviction.
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