S v Ikubolaje Nicol (SC.MISC.APP. 01/2023) [2024] SLSC 1 (30 January 2024)

Case summary

Criminal Law - Murder- the application by the AG to have the accused tried by judge alone as opposed by judge & jury breaches the accused's right to fair trial. 

The accused has right to fair trial - the right to fair trial for murder prior to the passing of the Abolition of the Death Penalty Act 2021, would have meant a trial by judge & jury, that has not been abrogated by the ADPA 2021. 

Application for trial for judge alone should only be made if there are compelling reasons for doing so. 

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