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The conviction was unsafe due to the trial court's failure to evaluate evidence, reliance on contradictory prosecution testimony, and failure to consider the defence, resulting in miscarriage of justice and lack of proof beyond reasonable doubt.
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The Court of Appeal allowed a rape appeal after finding the victim’s age was not proved beyond reasonable doubt and the defence evidence was not evaluated.
Court of Appeal quashed a rape conviction after expunging inadmissible child-witness evidence and finding the remaining prosecution case unsafe and unproven.
The conviction and sentence were quashed because the trial court failed to consider the appellant's defence evidence, which is a fatal error that vitiates the conviction.
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The prosecution failed to prove the case beyond reasonable doubt due to lack of documentary evidence, failure to call a key witness, and the trial court's failure to consider the defence evidence, raising reasonable doubt in favour of the appellant.
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The High Court allowed a consolidated criminal appeal, quashed convictions and set aside a 14-year sentence after finding the defence was not considered and evidence was improperly admitted.
The first appellate court's failure to consider the appellant's grounds of appeal rendered its judgment a nullity. The trial and first appellate courts also failed to consider the appellant's defence. Exhibits relied upon for conviction were wrongly admitted by the prosecutor instead of witnesses and were expunged. Without those exhibits, the remaining prosecution evidence did not prove the case beyond reasonable doubt. The appellant's unchallenged defence raised serious doubt, and the prosecution's failure to cross-examine on crucial points estopped it from disputing the appellant's version.
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On second appeal, the Court of Appeal allowed a rape conviction appeal, finding the evidence weak and unreliable and quashing the sentence.
Second appeal against an armed robbery conviction succeeded after the Court found the charge defective, the confession improperly admitted, and the defence ignored.
Both the trial and first appellate courts failed to consider the appellant's defence, which raised doubt as to whether armed robbery occurred. The evidence supported conviction for breaking into a building and committing an offence therein and stealing, not armed robbery. The benefit of doubt must be given to the appellant.
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