|
Citation
|
Judgment date
|
| December 1984 |
|
|
Credible eyewitness testimony negated provocation, so the murder conviction and death sentence were upheld.
* Criminal law – Murder (s.196 Penal Code) – evaluation of eyewitness evidence – defence of provocation and self‑defence – appellate review of factual findings.
|
4 December 1984 |
|
Eyewitness and medical evidence upheld the appellant's murder conviction; provocation defence failed.
Criminal law – murder – provocation as a defence – credibility of eyewitness and voluntary statement; causation by injuries – post-mortem; inference of malice aforethought from weapon and injuries.
|
1 December 1984 |
|
Appellant’s provocation defence rejected; fatal panga attack and injuries supported inference of malice and upheld murder conviction.
Criminal law – murder – defence of provocation – requirements and proof; causation – fatal injuries and post-mortem evidence; inference of malice aforethought from use of a lethal weapon and nature of injuries; weight of eyewitness and voluntary statement evidence.
|
1 December 1984 |
|
Convictions quashed where identification and connecting evidence were inadequately proved and courts misdirected.
* Criminal law – identification at night – adequacy and scrutiny of identification evidence; * Circumstantial evidence – possession of money and alleged recovery of property as link to offence; * Appellate review – misdirection and non‑direction by trial and first appellate courts; * Evaluation of witness credibility – acceptance of uncorroborated testimony (PW3) and its effect on safety of conviction.
|
1 December 1984 |
|
Convictions unsafe where trial and first appellate courts misdirected themselves, failed to scrutinise evidence and inadequately linked exhibits to accused.
* Criminal law – robbery with violence – identification evidence – adequacy of identification at night and sufficiency of circumstantial links (money, jacket).
* Evidence – credibility and scrutiny of witnesses – dangers of accepting uncorroborated testimony (including extraneous rape allegation).
* Procedural law – misdirection and non-direction by trial court and appellate court – consequences for safety of conviction.
|
1 December 1984 |
|
Appeal against murder conviction dismissed: eyewitness identification and the accused’s own statements corroborated guilt.
Criminal law – Murder; identification evidence in darkness – reliability of eyewitness identification; corroboration by accused's extra‑judicial statement; post‑mortem evidence of decapitation; appeal dismissed.
|
1 December 1984 |
|
Sole witness identification, supported by favourable viewing conditions and implausible defence, upheld to sustain murder conviction.
Criminal law – identification evidence – conviction based on single witness identification – adequacy of lighting and prior acquaintance; defence alibi credibility.
|
1 December 1984 |
|
Intoxication and trial misdirection negated malice aforethought; murder conviction reduced to manslaughter with ten-year sentence.
* Criminal law – homicide – Self-defence – No longer in danger after retreating; return to attack negates self-defence. * Criminal law – intoxication – Voluntary intoxication can negate the specific intent required for murder where prosecution fails to prove mens rea beyond reasonable doubt. * Appellate review – Misdirection by trial judge on pleaded defences may vitiate findings on culpability; appellate court may substitute conviction and sentence for a lesser offence.
|
1 December 1984 |
|
Appellant’s intoxication negated malice; murder conviction quashed and substituted with manslaughter conviction.
Criminal law – murder v. manslaughter – intoxication and incapacity to form malice aforethought; self‑defence rejected where danger had ceased; appellate substitution of manslaughter conviction under s.195 Penal Code.
|
1 December 1984 |
|
Intoxication evidence and trial misdirection negated proof of malice for murder; conviction reduced to manslaughter with ten-year sentence.
Criminal law – Murder v. manslaughter – Effect of voluntary intoxication on specific intent (malice aforethought) – Self-defence rejected where danger had ceased – Trial judge misdirection on defence of drunkenness renders murder conviction unsafe.
|
1 December 1984 |
|
Sole identification by a frightened young eyewitness at night was unreliable; conviction and death sentence were quashed.
* Criminal law – identification evidence – sole eyewitness identification by a young, frightened witness at night – reliability and risk of mistake.
* Evidentiary standard – need for corroboration where identification is uncertain or made under unfavourable circumstances.
* Appeal – conviction unsafe where identification is ambiguous and assessors express doubt.
|
1 December 1984 |
|
Credible identification by a known witness defeats alibi; concurrent findings upheld and appeal dismissed.
Criminal law – Identification evidence – Witness who knew accused – credibility of watchman’s identification supporting conviction; Alibi – once identification accepted alibi cannot raise reasonable doubt; Appellate review – concurrent findings of fact entitled to stand; Accomplice evidence – issues not arising on the facts.
|
1 December 1984 |
|
Conviction based on a frightened, young witness’s night‑time identification was unsafe absent corroboration.
Criminal law – Identification evidence – Sole identifying witness – Night-time robbery, young and frightened witness, inconsistent testimony – Need for corroboration where circumstances unfavourable – Unsafe to convict on unclear sole identification.
|
1 December 1984 |
|
A conviction based solely on an uncertain night-time identification by a frightened 14-year-old is unsafe without corroboration.
Criminal law – identification evidence – reliability of night-time recognition by a frightened young witness; sole identifying witness; necessity for corroboration; appellate review where assessors advise not guilty; trial judge’s misdirection in evaluating identification.
|
1 December 1984 |
|
Appellate court upheld corrupt transaction convictions, finding witnesses credible and accomplice testimony cogent.
* Criminal law – Corruption – Conviction under s.3(1) Prevention of Corruption Act – Receipt of money to grant bail and to close a file; credibility of witnesses and corroboration of an accomplice's testimony.
|
1 December 1984 |
| November 1984 |
|
|
Housebreaking conviction quashed for lack of evidence of breaking; theft conviction upheld and appeal otherwise dismissed.
* Criminal law – housebreaking – essential element of "breaking" – lawful entry insufficient to sustain housebreaking conviction where no evidence of breaking.* Criminal law – theft – conviction supported by credible evidence; restoration of stolen goods does not negate theft conviction.* Sentence – concurrent sentences; release ordered if remaining sentence already served.
|
29 November 1984 |
|
Reported
Labour Law - Employment Ordinance - Complainant driving and keeping respondent’s taxi and retaining 20% of earnings - Whether relationship of Employer and employee existed to attract prosecution for breaches of the Employment Ordinance. |
24 November 1984 |
|
Acquittal upheld where the applicant failed to prove an employer–employee relationship for the taxi driver.
Employment law — employer v independent contractor — necessity of proving control, ownership of tools, chance of profit and risk of loss; evidential burden in criminal prosecution for statutory employment offences; ownership of tool (vehicle) insufficient alone to establish employment.
|
24 November 1984 |
|
Court allowed substitution of theft convictions under section 187(2) and imposed concurrent three-year sentences.
* Criminal law – Obtaining goods by false pretences (s.302 Penal Code) – Evidence establishing theft rather than false pretences – Substitution of conviction under s.187(2) Criminal Procedure Code.
|
24 November 1984 |
|
Section 187(2) permits substitution of a theft conviction where evidence shows theft, even if charged as obtaining by false pretences.
Criminal law – Obtaining goods by false pretences versus theft – Application of section 187(2) Criminal Procedure Code permitting substitution of conviction for theft where evidence establishes theft though charged under sections 302/304.
|
24 November 1984 |
|
Conviction for poisoning quashed because forensic analysis showed the fatal poison did not match the accused's alleged source.
Criminal law – murder by poisoning; requirement to prove accused administered the fatal poison; forensic evidence – chemical analysis must link the fatal agent to the alleged source; break in chain of evidence renders conviction unsafe.
|
24 November 1984 |
|
Conviction for poisoning quashed where forensic analysis failed to link the accused’s insecticide to the toxic agent causing death.
Criminal law – Murder by poisoning – Forensic evidence – Necessity of linking chemical composition of substance found in accused’s possession to toxic agent causing death – Circumstantial evidence and chain of proof.
|
24 November 1984 |
|
Conviction quashed where forensic analysis failed to link the accused’s thiodan to the fatal organo‑phosphorous poison.
Criminal law – murder by poisoning – forensic evidence – chemical composition mismatch between recovered insecticide (thiodan) and toxic agent (organo‑phosphorous) – broken evidential chain – conviction unsafe.
|
24 November 1984 |
|
|
24 November 1984 |
|
|
24 November 1984 |
|
Court upheld murder conviction based on credible eyewitness, dying declaration and s.34B statement; alibi rejected.
* Criminal law – Murder – Sufficiency of evidence – reliance on eyewitness testimony, dying declaration and statement under s.34B of the Evidence Act.
* Evidence – Credibility – assessment of eyewitness who did not immediately raise alarm; weight of dying declarations.
* Evidence Act s.34B – admissibility and probative value of a witness’ statement given before death.
* Criminal procedure – Alibi – when an alibi fails to raise reasonable doubt.
|
24 November 1984 |
|
Murder convictions quashed where eyewitness testimony was unreliable and contradicted by medical evidence.
Criminal law – Murder – Reliability of eyewitness evidence – Contradiction between eyewitness account and post-mortem findings – Identification evidence – Insufficiency of prosecution case dependent solely on unreliable witnesses.
|
24 November 1984 |
|
Appellants' murder convictions quashed where eyewitness testimony conflicted with medical evidence, rendering convictions unsafe.
Criminal law – Murder – Sufficiency of evidence – Credibility of eyewitnesses – Conflict between eyewitness testimony and post‑mortem/forensic evidence – Unsafe conviction – Appeal allowing quashing of convictions and death sentences.
|
24 November 1984 |
|
Appellants' convictions upheld based on reliable eyewitness identification and rejection of an untruthful alibi.
Criminal law – identification evidence – reliability of eyewitnesses seen by lamp and torchlight – familiarity with accused as neighbours – rejection of alibi – appellate review of credibility findings.
|
24 November 1984 |
|
Circumstantial and medical evidence, together with material lies, established guilt beyond reasonable doubt; appeal dismissed.
* Criminal law – Circumstantial evidence – Whether the cumulative circumstantial proof can convict beyond reasonable doubt – Medical evidence of cervical dislocation consistent with manual strangulation – Lies and material falsehoods as evidence of consciousness of guilt – Court’s exercise of discretion under s.151 Criminal Procedure Code to call witnesses mentioned by accused.
|
24 November 1984 |
|
|
24 November 1984 |
|
Appeal dismissed: eyewitness evidence and wound pattern negated self-defence; trial misdirection held harmless.
Criminal law – Murder – Self-defence and provocation – Credibility of eyewitness – Fatal wound inflicted from behind inconsistent with claimed face-to-face self-defence – Trial misdirection harmless where evidence overwhelmingly supports conviction.
|
24 November 1984 |
|
|
24 November 1984 |
|
|
24 November 1984 |
|
|
24 November 1984 |
|
Appeal allowed: conviction quashed where trial judge speculated on motive and improperly shifted burden regarding alibi.
Criminal law – identification evidence – reliability and assessors’ dissent; evaluation of evidence – improper sequential acceptance of prosecution case then testing defence; alibi – correct standard is whether it raises reasonable doubt; trial judge’s speculative findings on motive (witchcraft) without evidence prejudicial and renders conviction unsafe.
|
24 November 1984 |
|
Whether eyewitness identification and sightline discrepancies rendered the appellant’s murder conviction unsafe.
* Criminal law – Identification evidence – Reliability of eyewitnesses who identify the accused in dim light – Opportunity and ability to recognise attacker. * Evidence – Visual sightlines and sketch maps – effect of discrepancies between eyewitness testimony and police sketch map. * Criminal procedure – Trial judge’s directions to assessors – need to address vital disputed issues affecting credibility.
|
24 November 1984 |
|
Appellate court upheld murder conviction based on cogent eyewitness identification despite disputed sightlines.
Criminal law – murder – eyewitness identification – reliability of victim's wife's identification – corroborative testimony of other occupants – disputed sightlines and police sketch – appellate review of credibility.
|
24 November 1984 |
|
Reported
Civil Practice and Procedure - Appeal - Notice of motion - Application for leave to appeal to Court of Appeal and leave to appeal out of time - Whether can be made to the Court of Appeal - R. 44 Court of Appeal Rules G.N. 102 of 1979. |
10 November 1984 |
| October 1984 |
|
|
Voice identification and tenuous blood-stained shirt evidence were insufficient to prove murder beyond reasonable doubt.
Criminal law – Circumstantial evidence – Sufficiency to prove murder beyond reasonable doubt; Voice identification – reliability; Forensic evidence (blood-stains) – proof of linkage and continuity of possession.
|
17 October 1984 |
|
Voice identification and an unverified blood‑stained shirt were insufficient to sustain a murder conviction.
Criminal law – circumstantial evidence – voice identification; seizure of clothing in defendant’s absence; blood‑group matching – adequacy of proof to exclude reasonable hypotheses of innocence; standard of proof beyond reasonable doubt.
|
17 October 1984 |
|
Reported
Evidence - Circumstantial evidence - Voice identification by itself in a murder case - Whether sufficient/reliable.
Evidence - Circumstantial evidence - Exhibit seized in appellant’s absence - Neither shown to appellant nor asked of it - Whether sufficient evidence to link it to appellant. |
17 October 1984 |
|
Second appeals to the Court of Appeal must raise questions of law; leave refused where proposed grounds were purely factual.
* Appellate procedure – second appeal – appeals to the Court of Appeal must raise questions of law under s.5(7)(a) of the Appellate Jurisdiction Act, 1979. * Leave to appeal out of time – where proposed grounds are purely factual, leave for a second appeal will be refused. * Requirement to demonstrate a point of law in the memorandum of appeal for second appeals.
|
16 October 1984 |
|
General prior inter-tribal tension did not amount to legal provocation; appellant’s murder conviction and death sentence upheld.
Criminal law – Murder – Defence of provocation – General inter-communal tension does not constitute immediate legal provocation; provocation must be immediate and sufficient to reduce culpability.
|
16 October 1984 |
|
The appellant’s murder conviction was upheld on compelling circumstantial and medical evidence.
Criminal law – murder – circumstantial evidence – medical (post-mortem) evidence of cervical dislocation and neck bruising consistent with manual strangulation; adverse inference from failure to call witnesses and from deliberate lies; psychiatric report on sanity and alleged admissions as corroborative evidence.
|
16 October 1984 |
|
Appellants' murder convictions upheld where credible eyewitness identification and proper trial fact-finding supported the verdict.
* Criminal law – Murder – Conviction based on eyewitness identification – Credibility and acceptance of single eyewitness testimony.
* Evidence – Inconsistency between judicial statements and defence narrative – failure to mention key facts undermining defence.
* Appellate review – No misdirection by trial judge; conviction upheld as safe.
|
16 October 1984 |
|
Appellants’ murder convictions upheld where a credible eyewitness identified them and the trial judge’s findings showed no misdirection.
* Criminal law – Murder – Eyewitness identification – Credibility and reliability of identification evidence as foundation for conviction.
* Criminal procedure – Appellate review – Appeals limited where trial judge’s credibility findings are supported by careful analysis and the record shows no misdirection.
* Evidence – Effect of inconsistencies between extra‑judicial statements and trial account on the defence’s credibility.
|
16 October 1984 |
|
On second appeal the Court will not re‑open factual allegations of conspiracy absent a point of law; appeal dismissed.
* Criminal law - stealing by servant - conviction on two counts, acquittal on two counts; concurrent sentences and compensation awarded. * Appeals - second appeal limited to points of law; factual findings affirmed by lower courts are not ordinarily re-opened on second appeal. * Evidence - allegation of conspiracy by prosecution witnesses is a factual challenge; absence of a point of law precludes intervention by the Court of Appeal.
|
15 October 1984 |
|
Court upheld murder conviction, finding eyewitness identification reliable and appellant's alibi unproven.
Criminal law — Murder; identification evidence — credibility and opportunity to observe; minor inconsistencies immaterial; alibi — insufficient to raise reasonable doubt; appellate review of factual findings.
|
15 October 1984 |
|
Reported
Land Law - Customary leasehold - Lease surrendered before application of Enfranchisement Act - Whether land enfranchised - Customary Leaseholds(Enfranchisement) Act No. 47 of1968.
Civil Practice and Procedure - Jurisdiction - Customary leasehold - Customary Land Tribunal and Minister for Lands - Whether, they have jurisdiction over land formerly held under a customary leasehold but ceased to be so held before application of Enfranchisement Act.
Civil Practice and Procedure - Appeal - Customary land Tribunal - Appeal to Minister - Additional evidence - Whether party has right to cross-examine witnesses against him.
Civil Practice and Procedure - Appeal - Customary Land Tribunal - Appeal to Minister - Parties - Whether persons not parties to original proceedings can be joined.
Civil Practice and Procedure - Appeal - Customary Land Tribunal - Appeal to Minister - Decision does not identify persons entitled to award - Whether proper.
Civil Practice and Procedure - Appeal - Customary Land Tribunal - Appeal to Minister - Award given to person not party to proceedings - Whether proper. |
1 October 1984 |