Principle Archive

The absence of crucial medical evidence and failure to tender the medical certificate of death raise serious doubts as to the cause of death, which ought…

Where an accused person sets up a defence of non est factum in relation to a confessional statement, what he has done is not a retraction…

The onus of proving the cause of death rests squarely on the prosecution, not the defence.

It is well settled that it is not for an accused person to prove his alibi; it is only for him to bring it forward, but…

When the defence of alibi is raised by the accused, the police have a duty to investigate in order to know the veracity or authenticity of…

Section 314 of the Criminal Code anticipates a situation where the accused is found guilty of the offence of murder or manslaughter. Where an accused is…

To establish a charge of murder or manslaughter, it must be proved not merely that the act of the accused person could have caused the death…

Where there is more than one possible cause of death, the benefit of doubt must be given to the accused because the available evidence does not…

Where persons who are charged together for committing a crime have a common base for their defence, the acceptance of the defence to the benefit of…

In cases of misconduct bordering on criminality, all that is required of an employer before summarily dismissing an employee is to give him fair hearing by…

In statutory employment, as in private employment, the employer can dismiss in all cases of gross misconduct.

It is not necessary that before an employer summarily dismisses an employee for gross misconduct involving dishonesty bordering on criminality, the employee must be tried before…