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The High Court granted an extension of time to appeal in a narcotics conviction case, finding good cause where the notice of appeal was defective and the applicant was in prison.
The proceedings were nullified due to the successor magistrate's failure to assign reasons for taking over the case as required by section 214(1) of the CPA. Additionally, the prosecution failed to establish the element of trafficking, and conviction cannot be based on the weakness of the defence. The conviction and sentence were quashed and the appellant ordered to be released.
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The High Court struck out a bail application for lack of jurisdiction, holding that section 29(1) of the Drug Control and Enforcement Act required the bail request to be made in the trial court.
The Court of Appeal allowed a drug conviction appeal after finding the prosecution failed to establish a reliable chain of custody for the seized bhang.
The Court erred by applying a mandatory life sentence under an amended provision not in force at the time of the offence; the applicable law provided for a maximum, not mandatory, life sentence, and the trial court had discretion to impose a lesser sentence. This error prejudiced the applicant and resulted in a miscarriage of justice, warranting review and substitution of the sentence.
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The High Court granted an inmate more time to appeal a 30-year sentence for cultivating bhangi, despite finding his explanation for delay insufficient.
The High Court allowed a criminal appeal, quashing a 30-year sentence after finding the guilty plea was not unequivocal and was unsafe to rely on.
The court found doubt as to whether the appellant fully comprehended the charge and whether the plea was unequivocal, especially given the lack of forensic evidence and the summary nature of the proceedings. The conviction and sentence were quashed due to procedural irregularity and risk of injustice.
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The appellant's plea was unequivocal, voluntary, and properly recorded; no procedural irregularity occasioned a failure of justice; however, the sentence of 20 years was manifestly excessive given mitigating factors and is reduced to 2 years.
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Omission to list physical exhibit P3 during committal proceedings was fatal; exhibit P3 was wrongly admitted; without it, prosecution failed to prove case beyond reasonable doubt; conviction cannot stand.
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