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The Court of Appeal upheld a rape conviction but quashed the conviction for impregnating a schoolgirl, citing lack of proof after excluding improperly received testimony.
The High Court allowed a criminal appeal, holding that the guilty plea was equivocal because the admitted facts did not establish all offence elements.
The trial court imposed the maximum sentence believing it was mandatory, failing to exercise discretion and consider mitigating factors, rendering the sentence manifestly excessive and warranting appellate intervention.
Source excerpt
Second appeal from rape and schoolgirl-impregnation convictions dismissed. The Court upheld the victim’s evidence and refused new factual grounds not raised below.
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