KCC 34/2010
This case involved the invalidity of the arrest proceedings for an individual convicted of kidnap and robbery.
Background
An appellant said in his grounds of appeal that the appealed ruling by which he was convicted of kidnapping and robbery by using force had insufficient evidence of causation. He said that he had maintained before the court that the arrest proceedings were invalid because they were conducted without an order from the office of public prosecution.
Decision
The court of cassation said that this argument was invalid. The court said that the court considered all aspects of the incident properly and concluded that the elements of the crime existed in the case. The court said that the documents of the case revealed that the appellant used forced in order to kidnap and steal from the victim. The court said that the court established its ruling on the grounds of solid evidence including the testimony of the victim and his bank statement which showed that the appellant withdrew amount money using the stolen banking card. The court said that the appellant's defence that the arrest proceedings were invalid was irrelevant in this regard.
The court dismissed the appeal.