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CaseLaw

Bozin V. State (1985) 7(b) (SC)

Judgement delivered on July 11th 1985

Brief

  • Identification parade
  • Alibi
  • Standard of proof in criminal cases
  • Evaluation of evidence
  • Proof beyond reasonable doubt

Facts

The appellant was in the court of first instance charged with armed robbery punishable by death under section 1(2)(a) of the Robbery and Firearms (Special provisions) Decree No. 47 of 1970. He was on 29/9/83 found guilty by Ajuyah, J. sitting in the Warri Judicial Division of the Bendel State High Court, and sentenced to death. The appellant then appealed against his conviction and sentence to the Court of Appeal, Benin Division. In that court, the point was raised and seriously argued that “the evidence of witnesses of identity of the appellant is irregular, that it was the police who pointed the appellant to the witnesses as the armed robber”. This, it was submitted “is unsatisfactory”. The Court of Appeal, holding “that this contention in my view is not valid in view of the evidence before the court,” dismissed the appeal and against that dismissal the appellant has now appealed to this court.

Issues

What principles should guide the conduct of an identification parade to...

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