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Citation
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Judgment date
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| April 2023 |
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Interpretation of a credit-life master policy: individual insurance contracts arise with borrowers; failure to comply with insurer-requested medical tests defeats a claim.
Insurance law — Credit life Master Policy — Distinction between master policy and individual contracts — Beneficiary cession to creditor — Claims procedure and duty to comply with insurer-requested medical examinations — Effect of refusal to undergo tests.
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20 April 2023 |
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Appeal against rape conviction dismissed: weak identification cured by corroborative bruises and prior recognition, conviction upheld.
Criminal law — Rape — Identification evidence; recognition vs identification; need for caution and careful testing of identification; identification parade; corroboration by injuries (bite and bruises); accused’s duty to explain incriminating connecting evidence; appeal dismissed despite trial misdirection.
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14 April 2023 |
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Inadmissible hearsay from a police investigation fatally undermined the prosecution, leading to acquittal for the appellant.
Criminal law – Murder – Admissibility of hearsay from police investigations – Circumstantial and ballistic evidence – Photographic evidence requiring oral explanation – Burden of proof and choice of inference favourable to accused.
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14 April 2023 |
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Causation and malice aforethought established from assault targeting the head and indifferent conduct; appeal dismissed.
Criminal law – causation (s.207 Penal Code) – when an assailant is liable despite intervening acts; Malice aforethought (s.204(b)) – inference from weapon, target (head) and indifference; appeal against murder conviction dismissed.
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13 April 2023 |
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Unsworn assertions of provocation or self‑defence insufficient against credible sworn eyewitness testimony; appeal dismissed.
Criminal law – Murder – Evaluation of unsworn statement versus sworn eyewitness testimony – Provocation and self‑defence – Corroboration of accused’s extra‑judicial assertions.
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13 April 2023 |
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Joint, severe assault by three appellants causing death justified inference of malice aforethought; convictions and sentences upheld.
Criminal law — Murder — Causation and malice aforethought inferred from joint severe assault — Lack of post-mortem evidence as to implements — Judicial interventions not amounting to substantial miscarriage of justice.
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3 April 2023 |