Hebert Learnmore Chikiwa v The State

Key Issues

• {"issue_text":"Whether the Supreme Court failed to uphold applicant's right to fair hearing by not striking out defective appeal grounds","issue_type":"procedural/constitutional","dispositive":"no","related_facts":"Supreme Court considered both valid and defective grounds of appeal"}
• {"issue_text":"Whether the Supreme Court failed to uphold presumption of innocence by rejecting alibi defence","issue_type":"constitutional","dispositive":"no","related_facts":"Applicant's alibi was found inconsistent and false"}
• {"issue_text":"Whether the Supreme Court infringed right to equal protection in assessment of ballistic evidence","issue_type":"constitutional","dispositive":"no","related_facts":"Ballistic evidence linked applicant's firearm to murder scene"}
• {"issue_text":"Whether trial judge descended into the arena creating bias","issue_type":"constitutional","dispositive":"no","related_facts":"Issue not raised before Supreme Court"}
• {"issue_text":"Whether sentence imposed was incompetent and violated s 70(1)(n) of Constitution","issue_type":"constitutional","dispositive":"no","related_facts":"Sentencing law changed between commission of offence and sentencing"}

Background