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The Court of Appeal quashed both convictions for gang robbery, holding the second appellant was not properly identified and the offence could not stand against one accused alone.
The High Court allowed a criminal appeal, quashed a corruption conviction, and set aside the sentence after finding the prosecution had not proved an essential element.
The prosecution proved the offence of armed robbery beyond reasonable doubt; identification evidence was not watertight but corroborated by caution and extra-judicial statements; delay in arrest was explained; procedural requirements for statements were met; defence evidence was considered; appeal dismissed.
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The conviction for rape could not stand because the acquittal on the count of impregnating a school girl, in the circumstances where both offences arose from a single alleged incident, created reasonable doubt. The prosecution failed to prove the offence of rape beyond reasonable doubt due to gaps in evidence, unreliable witness testimony, failure to consider the defence, and absence of DNA evidence to establish paternity. The delayed reporting by the victim without explanation further undermined her credibility.
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The appellant was caught red-handed in possession of government trophy, corroborated by multiple prosecution witnesses and documentary evidence. Minor contradictions in time were immaterial. Visual identification concerns were irrelevant as the arrest occurred at the crime scene. The caution statement was properly admitted after inquiry. The absence of a local leader did not affect the legality of the search and seizure. The defence did not cast doubt on the prosecution case. The conviction and sentence were upheld.
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The appellant was properly convicted of theft by agent as he converted cattle entrusted to him for temporary use, and the compensation order was lawfully made under section 348(1) of the Criminal Procedure Act, as the offence was not punishable by death and material loss was suffered. The oral agreement issue was a new factual matter not open for consideration on second appeal, and the claim of double punishment was misconceived as the compensation order is not a penal measure.
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The Court of Appeal allowed a criminal appeal, quashed convictions for unlawful entry and possession of government trophies, and ordered the appellants' release.
The High Court allowed a criminal appeal, quashed the convictions, and set aside the sentences after finding the trial court failed to consider the defence and the case was not proved beyond reasonable doubt.
The conviction was unsustainable due to material inconsistencies and contradictions in the prosecution evidence, failure to consider the defence evidence, and lack of watertight evidence to prove the charge beyond reasonable doubt.
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The Court of Appeal allowed a corruption appeal, finding material inconsistencies in prosecution evidence and inadequate consideration of the defence case.
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