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The trial judge's failure to address assessors on key points of law during summing up was a fatal irregularity, rendering the trial defective and necessitating nullification of the summing up, conviction, and sentence, with the case remitted for proper summing up and fresh judgment.
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The prosecution failed to prove the offences of unlawful hunting, possession, and dealing in government trophy against the first, second, and third appellants beyond reasonable doubt; convictions based on retracted confessions without corroboration and on defective charges were unsafe; conviction under a repealed statute is a nullity; only the fourth appellant was proved to be in actual possession of government trophy and his conviction and sentence (with modification) were upheld.
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The conviction was upheld because the trial court properly warned itself before relying on the retracted confessions, which were corroborated by independent evidence, and the prosecution proved the case beyond reasonable doubt even discounting the improperly obtained extra-judicial statement.
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The conviction was unsafe as it was based on poor identification and a retracted confession without an inquiry into its voluntariness, and convicting the appellant on the same evidence that acquitted co-accused constituted double standard and was unjust.
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The Court of Appeal set aside a murder conviction, holding that the appellant’s retracted confession was unsafe and unsupported by lawful corroboration.
High Court appeal in an armed robbery case: the first appellant’s conviction was upheld, while the other appellants’ convictions were quashed for evidential and confession issues.
The prosecution failed to prove the offence of armed robbery beyond reasonable doubt due to lack of evidence that the complainant was robbed, insufficient and unexplained identification, and absence of corroboration for the retracted confession. The concurrent findings of fact by the lower courts were based on misdirections and insufficient evidence.
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Despite weaknesses in identification and property marking, the appellant's conduct and lack of adverse claim to the cigarettes justified the application of the doctrine of recent possession, supporting conviction.
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The Court of Appeal upheld a murder conviction, holding that procedural irregularities in recording a caution statement did not make it inadmissible and did not undermine the voluntary confession.
The conviction was quashed because the complainant's statement was inadmissible for failure to meet statutory conditions, the identification evidence was insufficient and doubtful, and the caution statement was improperly admitted without proper enquiry. Without these, there was no evidence to prove guilt beyond reasonable doubt.
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