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What is the proper significance of an accused’s unsuccessful plea of alibi in a criminal case?

An alibi is a plea that the accused was elsewhere, which BSA section 9 makes relevant as a fact "inconsistent with" a fact in issue. Its failure does not relieve the…

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What is the proper significance of an accused’s unsuccessful plea of alibi in a criminal case?

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An alibi is a plea that the accused was elsewhere, which BSA section 9 makes relevant as a fact "inconsistent with" a fact in issue. Its failure does not relieve the prosecution of proving the offence beyond reasonable doubt or fill gaps in its evidence, but the Supreme Court has held that an alibi proved false may add assurance to a prosecution case that is otherwise established. Mere failure to prove an alibi is not the same as a deliberately false defence.

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