Read the full judgment text of CACC 198/2004 on BabelCite. This Court of Appeal judgment was delivered on 21 February 2006.
1. The facts have been set out in sufficient detail in the judgment (CACC 198/2004) we handed down on 1 February 2006 when we quashed the appellant’s conviction for murder and substituted a conviction for assault occasioning actual bodily harm. It suffices to say at this stage that it was the appellant (D2 at trial) who was the instigator of a series of assaults upon the deceased who at no stage offered any resistance. The appellant not only gave encouragement to D1 and D3 at various stages du
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