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See Also:
- CRIMINAL LAW AND PROCEDURE - DEFENCE OF PROVOCATION - Ingredients of the defence of provocation
"... it is settled that in order to invoke the plea embedded in Section 221(1) of the Penal Code, the accused must lead evidence to establish the following elements of…
- CRIMINAL LAW AND PROCEDURE – DEFENCE OF SELF-DEFENCE – Position of the law on the defence of self-defence
“In his defence as DW1, the Appellant alleged that the deceased took a stick from the veranda of his shop and hit him on the head and he “sustained injuries”…
- CRIMINAL LAW AND PROCEDURE: Alibi - Position of the law on the defence of alibi
"When the accused person relies on the defence of Alibi he is simply saying that when the offence was committed, he was elsewhere, so he could not have committed the…
- CRIMINAL LAW AND PROCEDURE: Alibi - Position of the law on the defence of alibi
"In decisions too many to count, this Court has held that in criminal proceedings the plea of alibi as a defence succeeds where it is raised unequivocally and timeously during…
- JURISDICTION: Position Of The Law With Respect To Raising The Issue Of Jurisdiction
"Ground (a) of the additional grounds of appeal raises the issue of jurisdiction. The law is trite that the issue of jurisdiction can be raised at any time and even…