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Citation
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Judgment date
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| September 1983 |
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Court upheld eyewitness identification, convicting the accused of murder (dolus eventualis) and robbery; sentences concurrent, appeal refused.
Criminal law – Identification evidence – eyewitnesses credible and reliable; Alibi – insufficient when unsupported by independent evidence; Robbery – removal of property by assailants establishes theft with common purpose; Murder – dolus eventualis established where assailants threw large stones and used bottle, causing fatal cranial injuries; Sentencing – extenuating circumstances (intoxication, spontaneity, dolus eventualis) but substantial imprisonment imposed; Leave to appeal refused.
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29 September 1983 |
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Leave to appeal refused where young applicant was a paid, active participant in a premeditated murder.
Criminal law – Murder – Premeditated, hired assassination – youth and influence by older persons – duress and minor role argued as mitigation – credibility findings – leave to appeal refused for lack of reasonable prospect of success.
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9 September 1983 |
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Accused convicted of murder; duress rejected where pre-trial statement and evidence showed voluntary participation.
Criminal law – murder – hired assassination – participation and accomplice liability; evidence – credibility of accused and pre-trial statement; duress defence rejected where statement and conduct contradict claim; medical evidence of multiple incised wounds establishes intention to kill.
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7 September 1983 |
| August 1983 |
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12 August 1983 |
| June 1983 |
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Accused No. 1’s voluntary confession established murder; co‑accused acquitted due to inadmissible hearsay and insufficient proof; no extenuation found.
Criminal law – Murder – Extra‑curial confession admissible against maker – Co‑accused statements and out‑of‑court identifications inadmissible hearsay against others – Insufficient evidence to convict co‑accused on mere presence and suspicion – Extenuating circumstances assessed cumulatively – Leave to appeal refused.
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15 June 1983 |
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Court accepted State evidence, rejected self‑defence, convicted first accused of murder and refused leave to appeal.
Criminal law – murder and non‑fatal violent offences – credibility and identification – rejection of self‑defence; robbery, attempted robbery, common assault; unlawful possession and pointing of firearm; leave to appeal refused.
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7 June 1983 |