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The High Court dismissed a criminal appeal against an armed robbery conviction, upholding the 30-year sentence and rejecting complaints about identification, exhibits, delay, and sentencing.
The appeal was dismissed because, despite the expunging of the seizure certificate for procedural irregularity, the oral testimonies of prosecution witnesses and other properly admitted exhibits were credible, consistent, and sufficient to prove the appellant's unlawful possession of government trophies beyond reasonable doubt. The identification and valuation of the tusks were adequately conducted by a qualified expert, the absence of a receipt was not fatal due to the signed seizure certificate, the delay in arraignment did not prejudice the appellant or vitiate the proceedings, and the pre…
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The prosecution proved beyond reasonable doubt that the appellant was found in unlawful possession of a government trophy; discrepancies in evidence were minor and did not affect the outcome; the chain of custody was intact; the emergency search was lawful; the charge was not defective; the valuation certificate was valid; and the sentence must be reduced by the time spent in remand.
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The appeal was dismissed because the trial court had jurisdiction, the preliminary hearing and admission of evidence were properly conducted, the victim's age and credibility were established, discrepancies in evidence were minor, the expert witness was competent, and the prosecution proved the case beyond reasonable doubt. However, the sentence of life imprisonment on the first count was set aside and substituted with thirty years imprisonment as the victim was ten years old at the time of the offence.
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The Court of Appeal upheld a rape conviction, holding that the child victim’s evidence was properly received, penetration was proved, and procedural complaints caused no injustice.
The appellant was not arraigned within the statutory period of 48 hours after arrest as required by section 29(1) of EOCCA, and there was no explanation for the 21-month delay. This omission violated the appellant's right to a fair hearing and fatally undermined the prosecution's case, warranting the quashing of the conviction and sentence.
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Court of Appeal upheld a rape conviction and 30-year sentence, finding the charge proper, the child’s evidence admissible, and proof beyond reasonable doubt.
The caution statement was expunged due to non-compliance with mandatory legal provisions, but the remaining oral and documentary evidence, including independent witness testimony and uncontested exhibits, proved the prosecution's case beyond reasonable doubt. Procedural irregularities and delay in arraignment did not result in injustice or affect the outcome.
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The prosecution failed to prove the offence of rape beyond reasonable doubt due to material contradictions in evidence, failure to call key witnesses, and unlawful delay in arraignment, warranting quashing of conviction and sentence.
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Second appeal over unlawful possession of a government trophy dismissed. The Court upheld jurisdiction, admission of exhibits, and the 20-year sentence.
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