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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
"An accused person who pleads alibi must of necessity furnish sufficient particulars of some. He must therefore explain his whereabout and those present with him at the material time. He…
- DEFENCE/PLEA OF ALIBI - Duty of the prosecution to investigate the plea of alibi raised by an accused person
"The law is that, once an alibi is raised, the burden shifts on the prosecution to investigate the alibi. See OGOALA VS THE STATE (1991) 3 SCNJ 61." Per SAMUEL…
- CRIMINAL LAW AND PROCEDURE: Criminal Defences - Alibi - Proper time to raise the defence of alibi - Effect of failure to timeously raise the defence of alibi
“Now, to the question of alibi. As pointed out earlier, the trial court found at pages 89 - 90 of the record, that: ....this defence of alibi that he went…