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It was proposed by the Crown to try the appellant & the co-offender jointly.The co-offender made a separate trial application, which was granted, & his re-trial was fixed for the following day.He & a co-offender met with the deceased, who was supposedly going to sell guns & ammunition to them. The co-offender was found guilty of the murder of the deceased & was sentenced to 13y 35w with a NPP of 10y 9w.His conviction was subsequently quashed & a new trial ordered.During the assault, applicant at one time armed himself with a mattock & at another time with an axe.Members of his family intervened & disarmed him, however, he punched & kicked the victim.Maliciously inflict GBH with intent to inflict GBH.3y with NPP of 18m.

At the time of the collision, the accused was under the influence of morphine & cannabis.

The accused was committed for trial to the DC on an indictment containing a single count under s.52A(3)(a).

On the day the trial was to commence, the Crown made an application to the DC judge to amend the indictment by adding a further & alternative count under s.52A(3)(c).

The above offence involved an unprovoked, vicious attack upon the victim, as a result of which the victim suffered very serious injuries.

Apart from the above count, applicant had also been charged with wound with intent to murder, however, the jury returned a verdict of not guilty on that count.

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