PRINCIPLE Archives - Page 163 of 303

PRINCIPLE

PRACTICE AND PROCEDURE – PRELIMINARY OBJECTION – Whether a preliminary objection should be considered and determined first before dealing with the merits of an appeal

PRINCIPLE11/05/2023

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CRIMINAL LAW AND PROCEDURE – OFFENCE OF ARMED ROBBERY – Meaning and ingredients of the offence of armed robbery:

PRINCIPLE11/05/2023

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CRIMINAL LAW AND PROCEDURE – OFFENCE OF ARMED ROBBERY – Ingredients of the offence of armed robbery; standard of proof required of the prosecution

PRINCIPLE11/05/2023

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EVIDENCE – IDENTIFICATION EVIDENCE – Whether the recognition and visual spontaneous evidence of identification is more reliable than an identification parade

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 – IDENTIFICATION EVIDENCE – Duty of Court whenever the case against an accused depends wholly or substantially on the correctness of the identification of the accused

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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EVIDENCE – IDENTIFICATION EVIDENCE – What the court must consider in ascribing value to the evidence of an eye-witness in identifying an accused person(s)

PRINCIPLE11/05/2023

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CRIMINAL LAW AND PROCEDURE – DEFENCE/PLEA OF ALIBI – Duty of an accused person who raises the defence of alibi to give particulars of his whereabouts at the time the offence was committed; effect of the prosecution adducing evidence which fixes the accused at the scene of crime

PRINCIPLE11/05/2023

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CRIMINAL LAW AND PROCEDURE – DEFENCE/PLEA OF ALIBI – Duty on an accused person to raise the defence of alibi timeously and to give particulars of his whereabout at the time the offence was committed

PRINCIPLE11/05/2023

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CRIMINAL LAW AND PROCEDURE – DEFENCE/PLEA OF ALIBI – Meaning of alibi

PRINCIPLE11/05/2023

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CRIMINAL LAW AND PROCEDURE – DEFENCE/PLEA OF ALIBI – Duty of the prosecution to investigate the plea of alibi raised by an accused person

PRINCIPLE11/05/2023

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APPEAL – INTERFERENCE WITH CONCURRENT FINDING(S) OF FACT(S) – Attitude of the Supreme Court to interference with concurrent finding(s) of fact(s) of Lower Courts

PRINCIPLE11/05/2023

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CRIMINAL LAW AND PROCEDURE – IDENTIFICATION PARADE – Principles of law as regards identification parade

PRINCIPLE11/05/2023

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EVIDENCE – CONFESSIONAL STATEMENT – Conditions to be satisfied before a confession can be used in convicting an accused person

PRINCIPLE11/05/2023

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EVIDENCE – CONFESSIONAL STATEMENT – Whether confession is the best form of evidence in a criminal trial

PRINCIPLE11/05/2023

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EVIDENCE – CONFESSIONAL STATEMENT – Meaning of a confession and when a statement will be held not to be confessional

PRINCIPLE11/05/2023

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EVIDENCE – CONFESSIONAL STATEMENT – Definition of confession as provided for in the Evidence Act; when does a statement become confessional

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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CRIMINAL LAW AND PROCEDURE – CRIMINAL TRIAL/PROCEEDINGS – Effect of the absence of an accused person at the address stage of a criminal trial

PRINCIPLE11/05/2023

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