Case law
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Division and case type: CriminalCase number Criminal Application
…The said principles include the nature of the charge or offence and the seriousness of the punishment to be imposed if the applicant is found guilty, the strength of the prosecution’s case, the character and the antecedents…
…of the accused and the likelihood that the applicant will interfere with the prosecution’s witnesses.…
Division and case type: CriminalCase number Criminal Application
…That charge, he alleges, arose in the performance of his duties as an advocate and according to him, before the prosecution could be started by the Attorney-General section 80 of the Advocates Act should have been complied…
…The proviso to that section is to the effect that no prosecution for an offence under that section shall be instituted unless a report has been made to the Attorney – General by the Disciplinary Committee created under the…
Division and case type: CriminalCase number Criminal Application
…There were two witnesses called for prosecution.…
…Although the witness said the gun found in the vehicle driven by the 3rd appellant was identical to one of those used in the robbery, he could not identify any of the robbers and obviously the prosecution knew there was insufficient…
Division and case type: CriminalCase number Criminal Application
…This court is not unware of speculation circulating in the country and outside as to the likelihood of success of such a prosecution, but such speculation is totally irrelevant to these proceedings.…
…It is interesting to notice that in these application only one point of law has been argued to indicate that there is no likelihood of success of the prosecution, relating to the consent to prosecute.…
Division and case type: CriminalCase number Criminal Application
…Such sections are the source for the principles of law relating to the burden of proof being always on the prosecution and the standard of proof to be always beyond reasonable doubt.…
Division and case type: CriminalCase number Criminal Application
…That being the case, in the present case, on the basis of Section 28(b) of the Evidence Act, the material statements ought to have been excluded in the consideration whether or not the prosecution had proved the case against…