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The plea of guilty was imperfect and unfinished as the trial court did not ensure the appellant fully comprehended the charge and did not establish all elements of the offence; thus, the conviction and sentence were set aside and a retrial ordered.
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The conviction was based on evidence improperly admitted: the child victim's testimony lacked the mandatory promise to tell the truth, and the appellant's cautioned statement was recorded outside the statutory period and narrated before admission. With both key pieces of evidence expunged, there was insufficient evidence to sustain the conviction.
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The trial was vitiated by the trial judge's failure to properly address and sum up to assessors on their roles, responsibilities, and vital points of law and evidence, rendering the proceedings null and void. The appropriate remedy is to order a retrial.
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The High Court allowed a criminal appeal against an armed robbery conviction, finding the visual identification unreliable and the gun-magazine link unproven.
The court found that the prosecution proved its case beyond reasonable doubt through the testimonies of key witnesses and documentary evidence, including identification parade registers and the confessional statement. Even if the confessional statement was excluded, the remaining evidence was sufficient for conviction. The identification parades were deemed properly conducted, and the appeal was dismissed in its entirety.
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The prosecution proved its case beyond reasonable doubt through the testimonies of key witnesses and documentary evidence; the identification parades were properly conducted and reliable; even if the confessional statement is excluded, the remaining evidence is sufficient for conviction.
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The Court of Appeal dismissed Joseph Paulo’s second appeal against conviction for attempted rape, holding that the evidence proved the offence and justified affirmation.
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