The High Court allowed a criminal appeal, quashed armed robbery convictions, and set aside sentences after finding defects in confession evidence, identification, and defence evaluation.
The prosecution proved beyond reasonable doubt that the appellant was found in unlawful possession of two firearms retrieved from his home, and the minor contradictions in witness testimony and absence of a documented chain of custody did not undermine the reliability of the evidence. The appellant's defence was insufficient to raise reasonable doubt, and procedural irregularities in admitting certain documents did not affect the outcome.
Failure by both the trial and first appellate courts to analyze and consider the appellant's defence constituted a miscarriage of justice, warranting quashing of the conviction and setting aside the sentence.
The Court of Appeal upheld a conviction for armed robbery, holding that the appellant was caught at the scene and his defence was properly considered and rejected.
The conviction was quashed because it was based on suspicion and weak circumstantial evidence, with no direct evidence linking the appellants to the offence, and the trial court failed to properly consider the defence evidence.
The High Court upheld Costantino s/o Mkongwe’s conviction for cattle theft, finding strong circumstantial evidence, recent possession, and no error in the trial.