Case law
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Division and case type: CriminalCriminal Appeal
…It is said that S 57 (1) of the Evidence Act allows evidence to be admitted that the accused person has committed or been convicted of or charged with any offence other than that with which he is then charged or is of bad…
…In consideration of conviction, the allegation without more that other offences have been committed, even if admissible under the Evidence Act, would be more prejudicial to the accused than probative, and should be excluded…
Division and case type: CriminalCriminal Appeal
…If that is so then their evidence requires corroboration by law (section 124 Evidence Act), and they cannot therefore corroborate each other. For that reason only the conviction cannot be sustained.…
Division and case type: CriminalCriminal Appeal
…It was submitted by counsel for the appellant that these witnesses (PW6 and PW7) were accomplices and it was not safe to convict on their evidence without the necessary caution or to act on such evidence without corroboration…
…found their evidence as falling within the rare exception where the accomplice evidence is exceptionally cogent and credit worthy, in which case it would be safe to convict without corroboration (see section 141 of the Evidence…
Division and case type: Anti-CorruptionMiscellaneous Criminal Application
…Mr Chunga in particular referred to paragraphs 4, 5 and 6 of the affidavit as being totally hearsay, the Court does not act upon hearsay evidence he said.…
…The definition of fact (in the Evidence Act) does not restrict a fact to something which can be exhibited as a material object.…
Division and case type: CriminalCriminal Case
…Chemists personnel, who handled various exhibits discovered in the store, which were analyzed and the report of the Government Chemist who is abroad and may not return until the end of the year, was produced under s 77 of the Evidence…
…Act, upon Mr Ghalia for the accused indicating that he did not object to production of such exhibits.…
Division and case type: CriminalCriminal Case
…Chemists personnel, who handled various exhibits discovered in the store, which were analyzed and the report of the Government Chemist who is abroad and may not return until the end of the year, was produced under s 77 of the Evidence…
…Act, upon Mr Ghalia for the accused indicating that he did not object to production of such exhibits.…