court that there was an attempt by the police to re-arrest the
Defendant but he stabbed the police officer with knife and ran away.
The prosecution’s counsel adopted her final written address
dated 19/4/18 and filed on the 20/4/18 wherein learned
counsel formulated two issues for determination to wit:
1. Whether the prosecution has proved the essential elements
of each of the counts of offences alleged against the
Defendant beyond reasonable doubt to warrant his being
found guilty and consequently convicted.
2. Whether the statements were confessional statements that
will warrant the court to convict the Defendant without any
corroborative evidence.
On Issue one, it is the submission that to prove a charge of
conspiracy between the accused person, it is not a requirement
of the law that there should be direct communication between
the conspirators, all that needs to be established is that the
criminal intent alleged is common to the conspirator which is quite
visible in this case.
It is also the submission that conspiracy is one of those offences
which can be predicated on circumstantial evidence which is
evidence not of the fact in issue but of other facts from which the
fact in issue can be inferred.
Further submitted that conspiracy does not consist merely in the
intention of two or more but in the agreement of two or more to
do an unlawful act, or to do a lawful act by unlawful means.
7