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Citation
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Judgment date
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| December 1988 |
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Land Law- Right of Occupancy - Disposition - Approval requirement under Regulation 3(1) of the Land Regulations 1948 not complied with - Effect. |
24 December 1988 |
Criminal Practice and Procedure - Bail - Offence committee under Economic and Organized Crime Control Act - Courts to hear bail applications. Criminal Practice and Procedure - Bail - Section 148(4) - D.P.P’s certificate - When competent. Criminal Practice and Procedure - Bail - D.P.P.s certificate - Whether D.P.P. is required to specify or disclose the nature of interest concerned - Section 148(4) of the Criminal Procedure Act construed. Criminal Practice and Procedure - Bail - Expressions “pending trial” and “pending appeal" - Construed - Section 148(4) C.P.A. Criminal Practice and Procedure - Bail - First application dismissed - Whether another judge of same court may entertain a second application - Practice. Criminal Practice and Procedure - Bail - D.P.P.s certificate - Whether can be filed in the High Court. |
23 December 1988 |
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A DPP certificate under s.148(4) is effective only after trial/appeal commences; later High Court bail grant was wrongful and quashed.
* Criminal procedure – Bail – Effect of Director of Public Prosecutions' certificate under s.148(4) Criminal Procedure Act – Certificate need not specify exact nature of threatened "safety or interests". * Meaning of "pending trial"/"pending appeal" – Trial pending only after lawful commencement (committal, charge framed and plea); appeal pending after filing of appellate documents. * Functus officio – A court that has refused bail on substantial static grounds cannot later grant bail on a subsequent application. * Economic and Organized Crime Control Act s.29(4) – Forum for bail; formal registry caption irregularity cured if High Court exercises ordinary jurisdiction.
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23 December 1988 |
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Appellants' convictions quashed where prosecution evidence was contradictory and failed to prove guilt beyond reasonable doubt.
Criminal law – Appeal against conviction – Appellate interference with concurrent findings where material evidence overlooked; Credibility of prosecution witnesses; Requirement that guilt be proved beyond reasonable doubt; Civil remedies for disputed property.
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16 December 1988 |
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Appellate court quashed convictions due to material inconsistencies and reasonable doubt arising from overlooked evidence.
Criminal law – appeal – unsafe conviction – appellate intervention where trial courts overlook material evidence; credibility conflicts; reasonable doubt; quashing convictions and setting aside sentences.
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16 December 1988 |
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Admission of recent possession corroborated by witnesses upheld; conviction and 15‑year sentence for cattle theft affirmed.
* Criminal law – Economic Crimes – cattle theft – conviction upheld where recent possession admission and corroborative eyewitness and purchaser evidence establish guilt. * Evidence – admissibility of extra‑judicial statement before magistrate notwithstanding alleged prior police coercion. * Evidence – credibility of child (13‑year‑old) eyewitness. * Sentence – use of firearm, prevalence of cattle rustling and proceeds justify maximum sentence.
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15 December 1988 |
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Conviction for cattle theft upheld on identification, corroboration and recent possession; maximum sentence justified by aggravating factors.
Criminal law – cattle theft – identification by child witness – admissibility of extra‑judicial statements – recent possession doctrine – caution with interested purchaser’s evidence – sentencing: aggravating factors, use of firearm, prevalence of rustling, deterrence justified maximum term.
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15 December 1988 |
Criminal Practice and Procedure - Admission - Admission before the police and later before a Magistrate - Accused cautioned before admission - Whether admissible in evidence. I Criminal Practice and Procedure - Evidence Child of 13 years - Whether his evidence is admissible. Criminal Practice and Procedure - Sentencing - Factors to consider A before passing sentence. |
15 December 1988 |
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Appellate court quashed convictions where material contradictions and witness unreliability created reasonable doubt.
* Criminal law – standard of proof – conviction unsustainable where material contradictions and witness unreliability give rise to reasonable doubt.
* Appellate review – interference with concurrent findings of fact – permissible where lower courts overlooked or failed to analyse important parts of the evidence.
* Evidence – document and oral testimony inconsistencies – effect on credibility and on criminal liability.
* Remedies – property/monetary disputes arising from alleged theft to be pursued by civil action where contested.
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14 December 1988 |
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Convictions quashed where evidentiary gaps, absent complainant testimony and unsupported trial-record remarks made verdicts unsafe.
Criminal law – conviction unsafe where prosecution evidence is inconsistent or incomplete; absence of complainant's viva voce evidence and lack of authoritative witnesses to arrest undermine identification and proof of theft; appellate intervention warranted where trial record and judicial remarks are unsupported by evidence.
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10 December 1988 |
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Convictions quashed where prosecution failed to prove recovery of cattle and key witnesses were not called, rendering convictions unsafe.
Criminal law – Theft and use of firearm – sufficiency of evidence; failure to call material witnesses; absence of proof of recovery of stolen property; credibility and possible fabrication by villagers; importance of accurate trial record.
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10 December 1988 |
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Failure to address assessors on corroboration of confession vitiated the trial; conviction quashed and retrial ordered.
Criminal law — confession — need for corroboration — trial judge's duty to address assessors — non-direction vitiating trial — unsafe conviction — retrial ordered.
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10 December 1988 |
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Corruption conviction upheld; sentence lawful and bribe money forfeited to the Government.
Criminal law – Corruption – Offer of bribe to police officer – Credibility of witnesses – Lawfulness of arrest not determinative – Sentencing under Economic and Organized Crime Control Act; forfeiture of proceeds mandatory under s.23(3).
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10 December 1988 |
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Appeal against corruption conviction dismissed; evidence and credibility findings upheld, sentence affirmed, and bribe money forfeited.
* Criminal law – Corruption – offering money to a public officer to secure release of a detainee – mens rea and overt act required.
* Evidence – credibility findings – appellate review limited where trial court’s assessments are reasonable.
* Public officer’s authority – ostensible authority suffices to attract corruption liability for offering a bribe.
* Sentence – challenge under Minimum Sentences Act; appellate court may nonetheless affirm term where appeal fails on merits.
* Property – forfeiture of bribe money: omission at trial may be corrected on appeal.
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10 December 1988 |
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Short notice reassignment and lack of access can rebut statutory presumption of possession of seized trophies.
Wildlife Conservation Act s70(2)(b) — statutory presumption of possession where trophy found in vehicle — locomotive qualifies as vehicle — rebuttal of presumption by proof of lack of knowledge or control — conviction quashed where possession not proved beyond reasonable doubt.
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10 December 1988 |
Partnership - Failure to comply with a statutory requirement - Effect. |
10 December 1988 |
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The appellants' confessions, despite procedural defects in admission, were corroborated and upheld, so the appeals were dismissed.
Criminal law – Evidence – Admission of extra-judicial confessions – originals missing and official custodian not called – section 67(8) Evidence Act; Post-mortem report – inconclusive due to decomposition – cannot by itself establish cause of death; Corroboration – scene evidence and witnesses can sustain confession-based conviction.
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10 December 1988 |
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Acquittal by reason of insanity upheld where malaria-induced mental disturbance negated criminal responsibility.
* Criminal law – Insanity defence – medical opinion evidence – weight of psychiatric report versus contemporaneous physical/physician evidence and eyewitness testimony; cerebral/acute malaria as cause of temporary mental disorder.
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8 December 1988 |
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Appellate court upheld murder convictions, rejected provocation defence, and corrected an invalid omnibus death sentence by imposing death on one count.
Criminal law – murder – provocation – requirement of sudden and grave provocation – absent where killing was premeditated; Criminal law – causation of death – circumstantial evidence and medical opinion supporting death by poisoning; Sentencing – omnibus capital sentence invalid where convictio ns on multiple capital counts – appellate remedy to set aside omnibus sentence and substitute sentence on a specified count.
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8 December 1988 |
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Eight-year manslaughter sentence upheld as not excessive where a hoe-handle blow to the head made the offence particularly serious.
Criminal law – Manslaughter – Sentence severity – Whether eight years' imprisonment was excessive; borderline between murder and manslaughter; head injury by hoe-handle; appellate interference with sentence.
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8 December 1988 |
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Appellants’ identification and medical corroboration upheld; appeal against attempted murder convictions dismissed.
Criminal law – Attempted murder – Identification evidence – Sufficiency and reliability of visual identification aided by lamps and recognition by occupants – Corroboration by medical evidence – Insufficiency of disputed arrest-date to vitiate conviction.
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8 December 1988 |
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Appeal against attempted murder convictions dismissed; reliable eyewitness identification and medical corroboration upheld the convictions.
Criminal law – attempted murder – eyewitness identification at night – reliability where lamps provided illumination and immediate identification by name; corroboration by medical report; alibi and arrest-timing inconsistencies do not necessarily undermine conviction.
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8 December 1988 |
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The applicant’s provocation and accidental‑infliction defences failed; evidence supported intentional murder and the appeal was dismissed.
* Criminal law – Murder v manslaughter – provocation defence – whether the deceased's conduct reasonably provoked the accused.* Evidence – credibility and circumstantial/medical evidence – severe neck wound inconsistent with accidental infliction.* Criminal procedure – preliminary hearing under s.192 Criminal Procedure Act – irregularities and failure to record memorandum.* Practice – assessors’ presence recommended up to delivery of judgment.
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8 December 1988 |
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The appellants’ challenge to an eight-year manslaughter sentence was dismissed as not manifestly excessive.
Criminal law – Manslaughter – Sentence – Whether an eight-year term was manifestly excessive where the deceased was struck on the head with a hoe-handle; appellate review of sentence.
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8 December 1988 |
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Trial court’s finding of legal insanity upheld; psychiatric report is opinion evidence to be weighed against clinical and lay testimony.
* Criminal law – Insanity – Whether accused was insane at time of offence – burden and standard: balance of probabilities. * Evidence – Medical and psychiatric opinion – opinion evidence must be weighed against clinical observations and lay evidence. * Criminal Procedure Act – s.219(2) (not guilty by reason of insanity) and s.220(1) (medical examination/observation).
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8 December 1988 |
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The applicant cannot appeal the reasoning for an acquittal; appeal must be against acquittal, sentence, or order.
* Criminal law – Appeals by the Director of Public Prosecutions – Scope of section 6(2) Appellate Jurisdiction Act – DPP may appeal only against an acquittal, sentence or order, not merely the reasons for a decision.
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8 December 1988 |
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Forensic and witness evidence established poisoning and malice aforethought; appeal against murder conviction dismissed.
* Criminal law – murder – proof of malice aforethought – role of circumstantial and extra‑judicial statements. * Forensic evidence – toxicology and post‑mortem in establishing causation in poisoning cases. * Evidence – admissibility and weight of extra‑judicial statements and witness credibility.
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7 December 1988 |
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Appeal dismissed: forensic and circumstantial evidence established malice aforethought in infant poisoning.
Criminal law – Murder – Malice aforethought – Circumstantial and forensic evidence (toxicology, post‑mortem) – Weight of extrajudicial statements – Proof of intention beyond reasonable doubt.
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7 December 1988 |
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Confessions in presence of vigilantes and to low‑rank police are unreliable or inadmissible; insufficient corroboration leads to acquittal.
* Criminal law – Confessions – voluntariness and corroboration – confessions made in presence of village vigilantes (Sungusungu) require corroboration. * Evidence Act s.27 – confessions to police admissible only if made to officer of or above corporal. * Hearsay/interpretation – confessions recorded via interpreter by a magistrate treated as of doubtful reliability. * Burden of proof – prosecution must prove guilt beyond reasonable doubt; inadequate corroboration mandates acquittal.
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7 December 1988 |
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Appellate court refuses to reduce an eight-year manslaughter sentence; family hardship caused by the offender is not sufficient.
* Criminal law – Manslaughter – Sentencing – appellate interference only in exceptional circumstances; family hardship caused by offender not a sufficient ground for reduction.
* Sentencing procedure – When a judge characterises a case as a "bad case" of manslaughter, reasons should be given to show judicial exercise of discretion.
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7 December 1988 |
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Appellate court refuses to reduce sentence; dependence of children not sufficient mitigation for fatal domestic assault.
Criminal law – Sentencing – Appeal against sentence – Appellate interference only in exceptional and specific circumstances; Mitigation – Dependents and remorse – insufficient to warrant reduction where offender committed fatal domestic assault; Sentencing practice – sentencing judge should give reasons when describing a case as a "bad case of manslaughter."
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7 December 1988 |
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Acquittal upheld: confessions before vigilantes or to low‑ranking police inadmissible without corroboration.
Criminal law – Confessions – Voluntariness and corroboration where confession made before village vigilantes; Evidence Act s.27 – confessions admissible only if made to policeman of rank corporal or above; Hearsay – statements recorded through interpreter by magistrate require confirmation or corroboration; Corroboration – discovery of weapon must be credible to support repudiated confessions.
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7 December 1988 |
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An admitted guilty plea is unequivocal and not invalidated by a minor discrepancy in monetary particulars.
* Criminal law – plea of guilty – whether plea is unequivocal despite discrepancies in particulars – variance between charge and facts – admission of facts cures irregularity and precludes reliance on exhibits at trial.
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7 December 1988 |
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A guilty plea accepted in court is unequivocal despite minor discrepancies in particulars if it establishes essential elements.
Criminal law – Theft by clerk – Plea of guilty – Whether discrepancies between charged amount and voucher totals render plea equivocal – Irregularity in particulars curable where accused accepts facts read in court.
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7 December 1988 |
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Conviction for cattle theft quashed where prosecution evidence was insufficient to prove guilt beyond reasonable doubt.
* Criminal law – cattle theft – sufficiency of evidence – proof beyond reasonable doubt; failure to call police and village authority witnesses; non-production of key identification witness – alibi evidence creating reasonable doubt.
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7 December 1988 |
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Conviction for cattle theft quashed where prosecution failed to prove identity due to missing witnesses and unexplained delay.
* Criminal law – Theft – Whether identity and guilt proved beyond reasonable doubt – Importance of identification evidence and attendance of police and village authorities.
* Evidence – Alibi and corroboration – Effect of missing prosecution witnesses and unexplained delay on credibility.
* Appeal – Appellate intervention where prosecution case contains material lacunae.
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7 December 1988 |
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Feigned consent by an owner’s agent is not true consent; theft and conspiracy convictions upheld.
Criminal law – Theft – Consent: pretended or feigned consent by owner/agent is not real consent and does not negate theft; Conspiracy to defraud – common intention; Appellate procedure – points of law required on appeal; Second appeal – limitation on challenging sentence (s.67(a)).
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7 December 1988 |
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The appellants' convictions for conspiracy to defraud and theft were upheld; sentence severity not challengeable on second appeal.
* Criminal law – Conspiracy to defraud (s.306 Penal Code) – Theft (s.265 Penal Code) – Convictions upheld.
* Appeals – Second appeal limitations – Sentence severity not challengeable on second appeal (s.67(a)).
* Appellate review – Factual disputes about attendance at bank/receipt of money insufficient to disturb convictions.
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7 December 1988 |
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Pretended consent is no consent; convictions for conspiracy and theft upheld and appeals dismissed.
Conspiracy to defraud; theft — pretended consent by owner (or owner’s agents) is no consent; common intention; appeal procedure — memorandum raising only facts contrary to s.6(7)(a) AJA; second appeal cannot question severity of sentence (s.67(a)).
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7 December 1988 |
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Allegations of witchcraft and a subsequent death did not constitute sudden legal provocation; omnibus death sentence corrected.
* Criminal law – murder – defence of provocation – whether allegation of witchcraft and subsequent death constitute legal, sudden provocation; requirement of suddenness and absence of premeditation. * Criminal procedure – sentencing – omnibus sentence of death – irregularity cured by substituting death on one count and leaving other count without sentence. * Evidentiary finding – planning and task allocation supported inference of premeditation, negating provocation.
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6 December 1988 |
| November 1988 |
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Banking - Collecting banker- Cheque lost in the course of collection - Whether there is a duty on banker not to be negligent - Extent of such duty. Negotiable Instruments - Cheque - Lost in the course of collection- Banker’s duty of care to customer - Extent. Negotiable Instruments - Cheque - Lost in the course of collection Customer's right to compensation on grounds of depreciation A of the value of money. |
29 November 1988 |
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29 November 1988 |
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A collecting bank must promptly notify customers of lost deposited cheques; failure to do so attracts liability and damages.
* Banking law – collecting banker’s duty of care – obligation to promptly notify customer of loss of deposited cheque, whether loss by bank or third party. * Burden of proof – bank must prove loss in transit by post office with corroborating evidence. * Bills of Exchange – effect of crediting account; bank giving value and holder for value; applicability of section 69 (duplicate bill). * Damages – compensation for loss of use and depreciation due to currency devaluation.
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29 November 1988 |
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Stay of execution granted and vessel returned to court custody pending appeal, conditional on security deposit.
Civil procedure — Stay of execution pending appeal — Execution purportedly allowed before formal decree drawn — Court’s discretion to stay execution and restore ship to court custody — Security as condition for stay.
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17 November 1988 |
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High Court lawfully varied magistrate’s sentence; subordinate court should have committed accused to High Court under s.171.
* Criminal procedure – Sentencing — concurrent versus consecutive sentences — presumption that multiple sentences at one trial run consecutively unless court directs otherwise — exceptional circumstances required for concurrency. * Criminal procedure – Interpretation of s.168 and s.171 Criminal Procedure Act — subordinate court’s duty to commit to High Court when its sentencing powers are inadequate. * Compensation — Minimum Sentences Act: mandatory, immediate compensation order; no suspension pending co‑accused proceedings.
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11 November 1988 |
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Whether an extra-judicial statement to a justice of the peace was voluntary and properly admitted at trial.
Criminal law — admissibility of extra-judicial/confessional statements — voluntariness — trial-within-trial procedure under s.192 Criminal Procedure Act — effect of accused's silence when defending — safety of conviction for murder.
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11 November 1988 |
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Denial of reasonable opportunity to engage counsel in a serious criminal trial vitiated the convictions; new trial ordered.
* Criminal procedure – right to legal representation – Whether refusal to allow accused to engage counsel vitiates trial. * Bail conditions – restriction to district with no resident advocate may impede access to counsel. * Trial fairness – court's duty to afford reasonable opportunity to secure legal assistance.
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11 November 1988 |
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Denial of opportunity to engage counsel vitiated the trial; conviction quashed and retrial ordered.
Criminal procedure – Right to legal representation – Trial magistrate’s duty to afford accused opportunity to obtain counsel – Denial of counsel vitiates trial; conviction quashed and retrial ordered.
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11 November 1988 |
Civil Practice and Procedure - Appeals - Notice of Appeal lodged in time - Period within which appeal may be instituted - Court of Appeal Rules, Rule 83(1). Civil Practice and Procedure - Appeals - Notice of Appeal lodged in time - Delay in instituting appeal - Time excluded in computing period within which appeal may be lodged - Prerequisite for obtaining exclusion of time - Court of Appeal Rules, Rule 83(1)(2). Civil Practice and Procedure - Appeals - Notice of Appeal lodged in time - Leave to appeal and certificate on point of law required - Failure to institute appeal within prescribed period, failure due to delay in obtaining leave and certificate - Whether curable - Course of action open to party likely to be affected by the delay - Court of Appeal Rules, Rule 8. Civil Practice and Procedure - Appeals - Notice of Appeal lodged in time - Failure to institute appeal within prescribed period - Effect - Court of Appeal Rules, Rule 84. |
11 November 1988 |
Company law - Agreement to sell shares - No agreed price nor means to ascertain price - Effect of uncertainty on the agreement. Contract - Agreement to sell shares - No agreed price normeans to ascertain price - Effect of uncertainty on the agreement. Contract - Oral agreement to sell farms held under Right of Occupancy - Writing and consent requirements not complied with - Part performance ofthe agreement - Whether Regulation 3(1) ofthe Land Regulations 1948 applicable. I Land law - Agreement to sell farms held under Right of Occupancy - Writing and consent requirements not complied with - Part performance of agreement - Whether Regulation 3(1) ofthe Land Regulations 1948 applicable. |
11 November 1988 |