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The PF3 was prepared in Form C, states the cause of death, and is signed by the medical practitioner; these satisfy section 11(3) of the Inquest Act. Factual discrepancies are not grounds for exclusion and can be challenged during cross-examination.
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Conviction for rape was improper due to lack of specific evidence of penetration, improper admission of PF3 medical report, reliance on irrelevant bad character evidence, and misdirection on burden of proof; conviction substituted for sexual harassment based on available evidence.
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The appellant was sufficiently identified by four prosecution witnesses in broad daylight, and their evidence was corroborative and watertight. The omission to comply with section 240(3) of the Criminal Procedure Act did not prejudice the appellant as there was ample oral evidence to support the conviction. The appellant's defence was considered and the burden of proof was not shifted. The conviction and sentence were proper.
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A doctor's report made on request from an advocate does not qualify as an entry or memorandum in books or records kept in the ordinary course of business or in discharge of professional duty under s. 34(b) of the Evidence Act and is therefore inadmissible. General damages for personal injuries must be awarded as a single sum reflecting the totality of injuries, not as separate amounts for each injury.
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