Judicial Review of Mandamus, Prohibition and Certiorari

Judicial Review

Criminal practice and procedure-appeal-appeal against conviction and sentence-the appellant was convicted of robbery with violence but sentenced for simple robbery-ground of appeal that the trial magistrate failed to comply with mandatory provisions of the law-effect of-whether it was lawful to reduce the charge to a lesser charge when the more serious one had been proved-Penal Code section 296 (2)

Criminal practice and procedure-appeal-appeal against sentence-the appellant was convicted of manslaughter-where the appellant unlawfully caused the death of the deceased by excessive use of force-mitigating factors-whether the appeal had merit-Penal Code sections 17, 202, and 205

Evidence-identification-recognition-prosecution evidence as to identification of the appellants was based on recognition of them by their neighbours yet the fact of  their being neighbours was not confirmed and established-validity of the identification evidence

Criminal Practice and Procedure- Robbery with violence-appeal- appeal against conviction and sentence- where the appellants had been convicted to deathidentification evidence-where identification was in doubt as the circumstances were unfavorable-where there was inconsistencies and poor presentation of evidence-standard of proof not met- whether it was safe to sustain the conviction in the circumstances -whether the conviction sentence could be set aside-Section 296(2) of the criminal Procedure Code

Criminal Law-theft by servant-appeal-conviction based on circumstantial evidence-whether there was sufficient evidence to uphold a conviction-Penal Code section 281

Evidence-circumstantial evidence-where the appellant had been convicted on the charge of theft by servant contrary to section 281 of the Penal Code (cap.63) based on circumstantial evidence-where the only inculpatory fact was that the money meant to be banked by the accused was never banked-ingredients, which must be proved to sustain a charge of theft by servant-validity of the conviction

Criminal practice and procedure-appeal-appeal against conviction and sentence-the appellant was convicted of robbery with violence and sentenced to death-grounds of appeal, inter alia, that the trial magistrate erred in both law and fact by convicting on the basis of inadequate evidence of identification-whether the evidence by a single witness was reliable-whether the evidence adduced was sufficient to secure a convict-whether the appeal had merit-Penal Code section 296 (2)

Criminal practice and procedure-robbery-accused persons charged and convicted for the offence of robbery - appeal against sentence on the grounds that it was harsh and excessive-effect of-applicable principles-whether the trial court directed itself appropriately-Penal Code section 296(1)