Principle Archive

Identification parade is only one way of establishing identification; it is a misconception to say that it is the only valid way, especially where the accused…

Identification may take various forms: visual identification, voice identification, identification parade, fingerprints, handwriting, palm prints, photographs, or recollection of features by a witness who saw the…

Soon after a robbery, the presumption under section 149(a) of the Evidence Act applies when an accused is found in possession of stolen goods and cannot…

The law presumes the regularity of a judgment until the contrary is proved; the presumption applies to the recording of the plea of accused persons.

A block verdict in respect of the same count is not necessarily fatal so long as it is clear what the verdict is and against whom…

Technicalities ought not to be allowed to defeat substantial justice; a collective verdict on a single count charge is not necessarily fatal where the record clearly…

The absence of a certificate or note showing that proceedings were interpreted does not affect the validity of the proceedings, as there is no statutory or…

While it is good practice for the trial judge to record that the charge was read and fully explained to the accused to the satisfaction of…

If the Judge was not satisfied that the charge was properly explained, he would not proceed to take the plea; by taking the plea, it must…

Each distinct individual accused person must separately plead not guilty after the charge has been read and interpreted; a "block plea" or "communal plea" is not…

By virtue of the 1979 Constitution and Decree No. 105 of 1979, offences under the Robbery and Firearms (Special Provisions) Act No. 47 of 1970 became…

An alibi can be negatived by an eyewitness account of the commission of an offence by an accused person.