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The High Court nullified committal proceedings for non-compliance with section 246(2) of the Criminal Procedure Act and ordered recommittal and separate counsel.
The prosecution proved the offence of unnatural offence beyond reasonable doubt through the direct testimony of the victim, corroborated by medical evidence and eyewitnesses. The trial court complied with all procedural requirements under the Criminal Procedure Act, and the appellant's grounds of appeal lacked merit.
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The trial court did not comply with section 226(2) of the CPA by failing to consider the appellant's explanation for her absence and make a determination; this non-compliance vitiates the proceedings conducted in her absence.
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Non-compliance with sections 230 and 231(1) of the Criminal Procedure Act by the trial court is fatal to the proceedings, especially where the accused is unrepresented and charged with a serious offence. The appellant was not properly informed of his rights, and the prosecution case was not properly closed, rendering the proceedings null.
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The trial court's failure to comply with the mandatory provisions of section 231(1) of the Criminal Procedure Act by not informing the appellant of his rights after the close of the prosecution case was a fatal irregularity that vitiated the defence, judgment, conviction, and sentence. Consequently, the proceedings and judgment of the first appellate court, which were based on null proceedings, were also nullified. The appropriate remedy is to remit the case to the trial court for compliance with section 231(1) of the CPA and for the defence to be heard afresh.
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The Court of Appeal nullified a criminal trial for failure to comply with section 231(1) of the Criminal Procedure Act and ordered the appellant’s release.
The Court of Appeal nullified a defective preliminary hearing for failure to comply with section 192(3) of the Criminal Procedure Act and ordered a fresh hearing.
The High Court allowed a criminal appeal, quashing the conviction and sentence after finding trial irregularity under the Criminal Procedure Act and insufficient proof beyond reasonable doubt.
The cautioned statement was recorded well beyond the four-hour period after the accused was placed under police restraint, with no reasons provided for the delay as required by law. This non-compliance with sections 50 and 51 of the Criminal Procedure Act renders the statement incompetent and inadmissible.
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The Court of Appeal held that alleged non-compliance with CPA sections 293(2) and 192(3) did not cause injustice, so the appeal proceeded on the remaining grounds.
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