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Criminal law — murder — sentence — s 314(1)(b)(iii) of Criminal Procedure and Evidence Act [Chapter 59].
The appellant had killed an elderly man in the course of a robbery. The deceased's wife was severely assaulted in the same incident. The appellant was assisted in his criminal acts by a socius who had not been apprehended. In respect of the death of the deceased the only evidence available was that of the appellant. The approach of the court to improbable but unaccountable evidence by an accused person considered.
Section 314(1)(b)(iii) of the Criminal Procedure and Evidence Act [Chapter 59] was introduced to allow a court to impose a death sentence upon a person who might otherwise unjustifiably escape it. In this case the imposition of the death sentence in respect of the attempted murder of the deceased's wife amounted to a misdirection as the effect of such sentence was to impose the death sentence twice in respect of essentially one course of conduct.
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