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The Court of Appeal struck out a third criminal appeal for a defective notice of appeal and failure to obtain the required High Court certificate on a point of law.
Second appeal dismissed in a criminal assault matter. The High Court held that the jurisdiction objection was raised too late, and the alleged plea and PF3 did not prove the charge.
The appeal was not time-barred, notice of appeal was not required from the primary court, there was no plea of guilt, and the evidence regarding the boundaries and ownership of the disputed land was insufficient to support a conviction for criminal trespass. The appeal lacked merit and was dismissed.
Source excerpt
The appeal was not time-barred as it was filed within the limitation period; notice of appeal was not required from the Primary Court; there was no plea of guilt by the respondent; the trial court failed to establish the boundaries and ownership of the disputed land, making it unsafe to convict for criminal trespass; the appellant's grounds lacked merit and the appeal was dismissed.
Source excerpt
The High Court dismissed a criminal appeal and affirmed the sentence, holding that the punishment was not excessive in light of the plea of guilt and sentencing rules.
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