Before going further to determine this case, it is imperative to
take a look at the issues raised by both the prosecution and defence
counsels in their final written addresses for the determination of the
Court in this case.
The issue raised by the Defence Counsel is, viz:
“Deriving from the evidence led in this, whether a
case of guilt has been established against the
defendant, beyond reasonable doubt.”
The prosecution on the other hand raised the following issue:
“Whether from the totality of evidence adduced by
the prosecution could it be said that, the prosecution
proved its case against the defendant beyond
reasonable doubt as required by Law.”
The above two issues are all the same but differently couched.
Therefore the issue before the Court for determination is:
“Whether the prosecution has proved its case beyond
reasonable doubt from the evidence before the
Court.”
The law is trite that the burden of proving the guilt of person,
suspected of committing an offence, lies on the prosecution. The
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