Items filtered by date: Sunday, 19 March 2023
INTERFERENCE WITH FINDING(S) OF FACT(S) - When the Supreme Court will not interfere with the findings of fact of the Court of Appeal
HELD:
ISSUE(S) FOR DETERMINATION - Effect of an issue for determination not flowing from a ground of appeal and a ground of appeal not having issues to cover same
HELD:
"Ground 5, from whence the issue 4 was inter alia purportedly distilled, complained that the lower Court "erred in law in affirming the conviction of the Appellant on the ground that his counsel at the trial Court did not challenge or confront the prosecution with certain facts testified to at the trial".
INTERFERENCE WITH CONCURRENT FINDING(S) OF FACT(S) - Instances where the Supreme Court will not interfere with concurrent findings of fact(s) made by Lower Courts
HELD:
"The attitude of this Court to the concurrent findings of facts by the two Courts below is no longer in doubt.
OFFENCE OF CONSPIRACY - Meaning and nature of the offence of Conspiracy;how same can be established or proved
HELD:
"The offence of conspiracy is the agreement of two or more persons to do an unlawful act or to do a lawful act by unlawful means.
IDENTIFICATION PARADE - Circumstances where an identification parade will not be necessary
HELD:
IDENTIFICATION EVIDENCE - Forms of identification of an accused person
HELD:
"It has been held that identification of an accused person can take different forms, including:
RECORD OF APPEAL - Whether parties and the Court are bound by the record of appeal in the absence of a complaint of incompleteness or inaccuracy
HELD:
"Counsel for the Appellant in this appeal is not challenging the record of appeal on the basis of incompleteness or inaccuracy.
CONFESSIONAL STATEMENT - Whether a Court can convict solely on a confessional statement and whether the retraction of a confessional statement renders same inadmissible; need for corroborative evidence where a confessional statement is retracted
HELD:
"As long as a Court is satisfied that a confessional statement was made voluntarily, it can convict an accused person solely on that confession if same is direct and positive on the offence charged.
CONFESSIONAL STATEMENT - Position of the law on the practice of taking an accused person along with his statement to a superior police officer
HELD:
"Now, it is settled that the practice of taking a suspect with his confessional statement before a superior police officer for endorsement is not a prerequisite for admission of such confessional statement in evidence.
