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Theme of the case

A wicked man conceives an evil thought, labours with its dark details and brings to forth his
treachery. Let him fall into his own trap

Our deeds determine us, as much as we determine our deeds

My Lords, if a person habitually engages in criminal acts on each occasion gets out not caught,
then one thing is clear, the hands of justice is long enough and that person will fall prey to the
justice hand

Theory of the case

My Lord, we do not need a rocket scientist to decide the facts of this case in favour of the
prosecution.

The facts of this case, as well as evidence adduced indicate one single theory. This is a case
about theft by the accused person, Desmond Peters.

My lord, I believe the evidence will show you that the accused herein was engaged in criminal
act of theft.

The accused fraudulently and without claim of right took the purse belonging to Loisa Singano
with an intention of permanently depriving her of the said property. The ingredients of the
offence as established under section 268 of the Penal code have been established.

By picking the victim’s purse, running away with it and passing it to another person, it
establishes a clear intention by the accused person to permanently deprive the Loiisa her rightful
clsaim to the property. My Lords, the actions of an individual indicates in intention and this has
been adequately illustrated in this case.

The prosecution is well aware that the defence will raise various arguments against our evidence,
even though the facts are clearly against them. Justice is better served when we base our
arguments by the light of existing facts, but not by investigating facts by the light of arguments.

We will start by stating the prosecution’s strong or good facts.

First, the facts consistently illustrate that there was clear identification of the accused person.
There is no doubt that there was theft perpetuated by two boys, one of them being the accused
person before you. Louisa Singano, the victim herein stated that one of her assailants wore a blue
T shirt, running away. Indeed, by the time Desmond was brought back by Singano, he was
wearing blue T shirt. Moreover, the victim states that her victim were between 10-13 years.
Desmond’s statement also indicates that he was 12 years of age.
Secondly, there is consistent testimony by the witnesses who testified as to the circumstances of
the said theft, thereby corroborating the testimony of the victim. Theela Singano, a witness to the
alleged crime testifies that one of the boys who was running awayafter the alleged theft was
wearing a blue T shirt. Interestingly, when Desmond was caught by Mohammed, he was wearing
a blue T shirt.

Further, confession by Desmond Peters himself illustrates that he is a probable party to alleged
theft. He actually confirms that he was available thereabouts at the Municipal area, the scene of
the crime. In fact, he confesses that he has a habit of pick pocketing and stealing when he does
not have food. He confesses further that he steals some money though he has never been charged
with the act.

There are equally bad facts for the prosecution.

First, there is allegation of bad blood between Mohammed Said who arrested the accused and the
accused uncle. This has the potential of diminishing the credibility of the evidence adduced by
the prosecution. Desmond himself states that he knows Said Mohammed as a very unpleasant
man. He states that his uncle had sold clothes to Mohhamed and received cash for the sale, which
Mohamed claimed he did not get his money’s worth.

The day before Desmond was arrested, Desmond alleges that Mohhamed had threatened to have
him and his uncle arrested if they did not refund the money that he had paid them for the clothes.
This is also the statement confirmed that Edwin Kwaza, another witness to the alleged offence.
He states that he knows Mohammed and that he knew there was a bad blood between Mohhamed
and Desmond’s uncle over a clothing deal that went bad.

Interestingly, the statement by Mohhamed himself casts doubt as to the Desmond’d involvement
in the theft. He states that while the alleged assailants were running when he was chasing them,
he caught Desmond while he was walking. He was not out of breath.

Secondly, there is no clear identification of the acused person. Victim Loiusa Singano admits
that he wears eye glasses to see long long distances and that he was not wearing eyeglasses.
Moreover, the victim admitted that he did not see the accused face. Moreover, the victim did not
see Mohammed grab Desmond yet she is sure it was Desmond who stole the property. In
addition, Mohammed was about 50 feet away from the boys when they stole the purse.
Moreover, when Mohhamed started running after the boys, he lost sight of them few times.

( Mwaka jaber, please forgive me , once you compile, I will add more. Running out of time
please)