Violent crime

Uganda · 2024

Principle established: An appellate court reviews whether a trial judge erred in sentencing for murder, particularly regarding the duration of imprisonment and the circumstances of the offence.

Sierra Leone — Court of Appeal · 1963

Principle established: A judge is not bound to put manslaughter to assessors where the evidence does not support it, and the mere withdrawal of affection does not constitute legal provocation.

Sierra Leone — Court of Appeal · 2020

Principle established: A trial judge is not bound to put manslaughter to assessors absent evidence legally amounting to provocation, and a partner withdrawing affection does not constitute legal provocation.

Sierra Leone — Court of Appeal · 1963

Principle established: A judge need not direct assessors on manslaughter where there is no evidence to support it, and the withdrawal of romantic affection does not amount to provocation in law.

Sierra Leone — Supreme Court · 1963

Principle established: A trial judge need not leave manslaughter to assessors absent evidence supporting it, and the withdrawal of affection does not constitute legal provocation.

Sierra Leone — Court of Appeal · 2019

Principle established: The court examined grounds of appeal involving the failure to record a summing-up, misdirection on self-defence and provocation, and the constitutionality of the mandatory death sentence for murder.

Sierra Leone — Court of Appeal · 2018

Principle established: The court examined grounds of appeal involving the failure to record a summing-up, misdirection on self-defence and provocation, and the constitutionality of the mandatory death sentence for murder.

Sierra Leone — Court of Appeal · 2019

Principle established: The court examined grounds of appeal involving the failure to record a summing-up, misdirection on self-defence and provocation, and the constitutionality of the mandatory death sentence for murder.

Sierra Leone — Court of Appeal · 1976

Principle established: The wrongful admission of prejudicial evidence will lead to the quashing of a conviction unless the appellate court is certain the jury would inevitably have reached the same verdict without it.

Sierra Leone — Supreme Court · 1976

Principle established: The wrongful admission of prejudicial evidence will lead to the quashing of a conviction unless the appellate court is certain the jury would inevitably have reached the same verdict without it.

Lanbuk on the Law of Torts · 1840

Principle established: On this view an assault needs an apparent present ability to carry out the threat.

Sierra Leone — Court of Appeal · 1963

Principle established: A judge's omission to expressly direct assessors on the burden of proof will not invalidate a murder conviction if the summing-up as a whole adequately instructs them on reasonable doubt.

Sierra Leone — Court of Appeal · 1963

Principle established: A trial judge's failure to specifically direct assessors that the burden of proof rests on the prosecution does not invalidate a conviction where the summing-up taken as a whole is sufficient.

Sierra Leone — Court of Appeal · 1976

Principle established: A judge is entitled to strongly express an opinion on the facts provided all issues are ultimately left for the jury to determine.

Sierra Leone — Supreme Court · 1976

Principle established: A judge is entitled to strongly express an opinion on the facts provided all issues are ultimately left for the jury to determine.

Zimbabwe · 2024

Principle established: An appellate court may set aside a conviction and sentence for unlawful entry while upholding a conviction for murder based on the specific evidence presented for each count.

Lanbuk on the Law of Torts · 1705

Principle established: A person may use only reasonable force in self-defence.

Lanbuk on the Law of Torts · 1704

Principle established: The slightest contact can be a battery if done with hostility; ordinary social contact is not.

Sierra Leone — Court of Appeal · 1979

Principle established: A trial judge's directions regarding the burden of proof and statements made by an accused must be evaluated in the context of the entire summing-up to determine if any misdirection occurred.

Sierra Leone — Supreme Court · 1979

Principle established: A trial judge's directions regarding the burden of proof and statements made by an accused must be evaluated in the context of the entire summing-up to determine if any misdirection occurred.

Sierra Leone — Court of Appeal · 1978

Principle established: It is a fatal misdirection for a trial judge to direct a jury on self-defence when the accused does not admit the act or rely on that defence.

Sierra Leone — Supreme Court · 1978

Principle established: It is a fatal misdirection for a trial judge to direct a jury on self-defence when the accused does not admit the act or rely on that defence.

Sierra Leone — Court of Appeal · 1962

Principle established: A conviction cannot stand where it is founded solely on an accused person's statement that simultaneously incriminates the accused and denies guilt.

Sierra Leone — Court of Appeal · 1962

Principle established: A criminal conviction must be set aside where it is based on a statement by the accused that equally incriminates and exculpates him.

Sierra Leone — Court of Appeal · 2017

Principle established: An applicant in a criminal appeal may apply for the release of their passport and permission to travel abroad for medical treatment, provided sufficient evidence is presented.

Malawi · 2023

Principle established: Every person has a constitutional right to be released from custody on bail unless the interests of justice require otherwise, particularly where trial dates have not been set.

Sierra Leone — Court of Appeal · 1963

Principle established: A judge directing assessors on motor vehicle manslaughter sufficiently complies with law where the direction on dangerous driving and negligence adequately conveys the requisite standard.

Sierra Leone — Court of Appeal · 1963

Principle established: A summing-up on manslaughter from driving that explains dangerous driving as degrees of negligence does not deprive an accused of an opportunity of acquittal.

Sierra Leone — Supreme Court · 1975

Principle established: The terms "prepare" and "endeavour" under treason statutes create two distinct offences that must be charged separately, as endeavouring connotes an overt effort beyond mere preparation.

Sierra Leone — Court of Appeal · 2006

Principle established: An appellate court may quash a conviction and death sentence for murder and substitute a conviction for manslaughter with an appropriate term of imprisonment accounting for custody time.

Uganda · 2024

Principle established: An appellate court may consider whether sentences for multiple counts of attempted murder should run concurrently or consecutively to ensure the total punishment is not excessive.

Zimbabwe · 2024

Principle established: Convictions for indecent acts upon young persons are subject to appellate review to ensure the trial court correctly applied the law to the facts.

Sierra Leone — Supreme Court · 1976

Principle established: A trial judge must explain legal definitions such as malice aforethought in simple terms and apply them to the facts rather than merely reproducing textbook definitions.

Sierra Leone — Court of Appeal · 1976

Principle established: An appellate court will not overturn a conviction due to a misdirection on provocation if it is satisfied that the jury would inevitably have reached the same verdict upon proper direction.

Sierra Leone — Supreme Court · 1976

Principle established: An appellate court will not overturn a conviction due to a misdirection on provocation if it is satisfied that the jury would inevitably have reached the same verdict upon proper direction.

Sierra Leone — Court of Appeal · 1976

Principle established: A trial judge must explain legal definitions such as malice aforethought in simple terms and apply them to the facts rather than merely reproducing textbook definitions.

Sierra Leone — Court of Appeal · 1964

Principle established: Where provocation reduces murder to manslaughter, a third party cannot be convicted of aiding and abetting the resulting homicide.

Sierra Leone — African Law Reports · 1964-66

Principle established: Where the defence of provocation reduces a killing from murder to manslaughter, a third party cannot be convicted of aiding and abetting the provoked crime.

Uganda · 2024

Principle established: A second appeal against conviction for murder will be dismissed if the appellate court finds the evidence sufficient to support the findings of the lower courts.

Sierra Leone — Court of Appeal · 1961

Principle established: Where rape and assault with intent to ravish are based on the identical assault, an acquittal on the assault charge is inconsistent with and invalidates a conviction for rape.