Read the full judgment text of FACC 000007/2004 on BabelCite. This FACC judgment.
1. At the conclusion of the hearing we allowed the appeal and quashed the conviction. We then heard counsel on the question of a retrial. Having done so, we refused a retrial. I gave our reasons for such refusal. They were not based on any insufficiency of evidence available against the appellant. Rather they were based solely on the fact that the appellant has been in custody for nearly 5 years and has therefore already served about two-thirds of the sentence which he would serve with full
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