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Mary Syevutha Peter v. Republic

(2019) JELR 99230 (CA)

Court of Appeal  •  Criminal Appeal 4 of 2019  •  25 Jul 2019  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Agnes Kalekye Murgor, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

1. It goes without saying that in criminal law, save in exceptional circumstances, the burden of proof always lies with the prosecution to establish each and every ingredient that constitutes an offence preferred against an accused person. As Lord Sankey put it in the often cited case of Woolmington v. DPP [1935] UKHL 1:

“Throughout the web of the English Criminal Law one golden thread is always to be seen that it is the duty of the prosecution to prove the prisoner's guilt ... If, at the end of and on the whole of the case, there is a reasonable doubt, created by the evidence given by either the prosecution or the prisoner... the prosecution has not made out the case and the prisoner is entitled to an acquittal. No matter what the charge or where the trial, the principle that the prosecution must prove the guilt of the prisoner is part of the common law of England and no attempt to whittle it down can be entertained.” [Emphasis added]

2. It is also common ground th…

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