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The prosecution proved beyond reasonable doubt that the appellant, acting with common intention and through false pretence, obtained goods from the complainant. Circumstantial evidence established the appellant's involvement, and the omission to properly admit receipts did not affect the conviction.
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The High Court dismissed a criminal appeal over unlawful possession of elephant tusks, upholding convictions, 20-year sentences, and the trial court’s findings.
The appeal was dismissed because the 2nd appellant was of majority age at trial and not prejudiced by absence of a social welfare officer at committal; extra judicial statements were properly admitted and corroborated the prosecution case; defence evidence was considered and rejected; prosecution was not required to call additional witnesses given the confessions; and the principle of common intention was correctly applied based on the appellants' actions and omissions.
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The High Court convicted four accused of murder, finding PW1’s recognition reliable, alibis discredited, and retracted statements corroborated.
The accused persons were found in recent possession of the deceased's motorcycle within hours of his murder, failed to provide a reasonable explanation, and one accused confessed to the killing. The circumstantial evidence, corroborated by the confession and conduct of the accused, proved beyond reasonable doubt that all three, with common intention and malice aforethought, unlawfully killed the deceased in the course of robbery.
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The appellant was found in actual possession of bags containing narcotic drugs, signed the certificate of seizure, admitted the offence, and prosecution evidence established guilt beyond reasonable doubt. Knowledge of contents was inferred from possession and accompanying personal items. Common intention was proven by joint travel and possession.
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The evidence of PW1 and PW4 was credible, coherent, and corroborated. Relationship between witnesses does not affect credibility. The appellants actively participated in the killing, demonstrating common intention and malice aforethought. The prosecution proved its case beyond reasonable doubt. Mob justice does not absolve individual liability for murder when intention is established.
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Court of Appeal upheld a theft conviction, holding the charge was clear and the cautioned statement was properly admitted and amounted to a confession.
The accused persons, acting with common intention to commit robbery, caused the death of Eva d/o Merikion Mgaya by shooting her with a lethal weapon. Their confessional statements, corroborated by eyewitness identification and forensic evidence, proved their guilt beyond reasonable doubt. Malice aforethought was inferred from the planning, use of a firearm, and the fatal injury inflicted.
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The prosecution proved beyond reasonable doubt that the appellants were in unlawful possession of government trophy. Exhibit P6 was properly admitted after inquiry, oral confessions were admissible and voluntary, and chain of custody was sufficiently established given the nature of the exhibit. The trial court did not err in convicting and sentencing the appellants.
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