PRINCIPLE Archives - Page 161 of 303

PRINCIPLE

CRIMINAL LAW AND PROCEDURE – OFFENCE OF TERRORISM – What constitutes giving support to acts of terrorism under Section 5(2) of the Terrorism (Prevention) Act, 2011 (as amended):

PRINCIPLE11/05/2023

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EVIDENCE – MEDICAL EVIDENCE – Whether medical evidence is always essential to prove cause of death of the deceased

PRINCIPLE11/05/2023

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CRIMINAL LAW AND PROCEDURE – IDENTIFICATION PARADE – Circumstances where an identification parade will not be necessary:

PRINCIPLE11/05/2023

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EVIDENCE – INFERENCE – Whether the Court of Appeal is entitled to draw inferences from stated facts:

PRINCIPLE11/05/2023

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EVIDENCE – MEDICAL EVIDENCE – Whether it is mandatory for the maker of a medical report to be present in Court to give evidence for the report to be admissible

PRINCIPLE11/05/2023

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CRIMINAL LAW AND PROCEDURE – BAIL – Duty of a judge when considering an application for bail:

PRINCIPLE11/05/2023

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EVIDENCE – CONFESSIONAL STATEMENT – Tests for determining the truth or weight to attach to a confessional statement before a court can convict on same:

PRINCIPLE11/05/2023

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EVIDENCE – IDENTIFICATION OF DECEASED BODY – Circumstance when a separate witness will not be necessary for the identification of a deceased’s body

PRINCIPLE11/05/2023

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CRIMINAL LAW AND PROCEDURE – IDENTIFICATION PARADE – Position of the law as regards identification parade:

PRINCIPLE11/05/2023

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CRIMINAL LAW AND PROCEDURE – DEFENCE(S) OF ACCUSED PERSON(S) – Whether the defences of provocation, self defence and accident are mutually exclusive and cannot go together

PRINCIPLE11/05/2023

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EVIDENCE – CONFESSIONAL STATEMENT – Whether an accused person can be convicted based on his confession; Whether it is desirable to have some other evidence other than the confession:

PRINCIPLE11/05/2023

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CRIMINAL LAW AND PROCEDURE – DEFENCE/PLEA OF ALIBI – Circumstances where the defence of alibi would not avail an accused person:

PRINCIPLE11/05/2023

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CRIMINAL LAW AND PROCEDURE – OFFENCE OF MURDER – Essential elements of the offence of murder

PRINCIPLE11/05/2023

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EVIDENCE – TAINTED WITNESS – Whether the law disqualifies blood relation or close relatives of a deceased person from testifying for the prosecution in a murder trial

PRINCIPLE11/05/2023

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EVIDENCE – CONTRADICTION IN EVIDENCE – Instance of non-material contradiction

PRINCIPLE11/05/2023

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CRIMINAL LAW AND PROCEDURE – GUILT OF AN ACCUSED PERSON – How to establish/prove the guilt of an accused person:

PRINCIPLE11/05/2023

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CRIMINAL LAW AND PROCEDURE – DEFENCE/PLEA OF ALIBI – Duty of an accused person raising the defence of alibi:

PRINCIPLE11/05/2023

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COURT – DUTY OF COURT – Duty of court to consider all the possible defences open to an accused person

PRINCIPLE11/05/2023

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EVIDENCE – CONTRADICTION IN EVIDENCE – Conditions to be satisfied before conflict or contradiction in the evidence of prosecution witness can be said to be fatal to its case

PRINCIPLE11/05/2023

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CRIMINAL LAW AND PROCEDURE – DEFENCE(S) OF ACCUSED PERSON(S) – Duty of an appellant to identify the facts or evidence on the record that establishes his defence:

PRINCIPLE11/05/2023

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