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The accused intentionally killed the deceased with malice aforethought, as evidenced by his actions before, during, and after the offence. His intoxication was self-induced and did not render him incapable of understanding his actions. The prosecution proved the offence of murder beyond reasonable doubt.
Source excerpt
The Court of Appeal upheld a murder conviction, rejecting arguments on intoxication, burden of proof, and witness-listing errors, though it expunged improperly admitted exhibits.
The conviction for murder was upheld because, even after expunging improperly admitted evidence, the remaining testimony proved beyond reasonable doubt that the appellant intentionally killed the deceased and the defence of intoxication did not meet the legal threshold to reduce the offence to manslaughter.
Source excerpt
The conviction was upheld based on the strong and credible evidence of the victim, supported by circumstances excluding mistaken identity. The cautioned statement was expunged for non-compliance with statutory requirements, but its absence did not affect the conviction. The defence of intoxication was not available as it was not raised at trial and lacked evidential basis.
Source excerpt
The grounds raised by the appellant were either afterthoughts or without merit; the age and penetration were proved by unchallenged evidence; intoxication is not a defence to rape; however, the trial magistrate failed to properly conduct voire dire and record compliance with legal requirements for child witnesses, which was improper but did not affect the conviction due to overwhelming evidence.
Source excerpt
The High Court dismissed an appeal against conviction and sentence for arson after finding the guilty plea unequivocal and the intoxication claim unproved.
The High Court dismissed Oscar M. Thayo’s appeal against conviction and sentence for arson, holding his guilty plea was unequivocal and that intoxication was no defence.
The Court of Appeal upheld a murder conviction, rejecting self-defence and intoxication arguments because the appellant’s account was not credible and intent remained intact.
The confession made by the first appellant to the police was inadmissible as it was made before the amendment to section 27 of the Law of Evidence Act, 1967. However, the first appellant's confession to a civilian, corroborated by physical evidence (blood stains matching the deceased's blood group on his shorts, and circumstantial evidence), was sufficient to prove his guilt beyond reasonable doubt. The evidence against the second appellant, absent the inadmissible confession, was insufficient to sustain a conviction.
Source excerpt
The High Court dismissed Joseph Hamisi’s appeal against convictions for burglary and stealing, holding the evidence showed he was caught at the scene with stolen property.
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