The accused were charged with aggravated robbery and attempted murder. The case for the prosecution was that the accused were in a car with its owner who was driving. At some point the two ordered the owner of the car to stop driving and one of the accused shot the owner of the car and the other accused drove away in the car. The injured man later identified the second accused to the police as the one who had shot him.
Held:
- It is unsafe to uphold a conviction on a charge of armed aggravated robbery where there is no direct evidence of the use of firearms
- For the offence of attempted murder to be proved, it must be shown that the accused had positive intention to cause death
