|
Citation
|
Judgment date
|
| December 1989 |
|
|
Conviction for bank theft upheld; warrantless-search evidence, missing documents, and lack of handwriting expert did not vitiate conviction.
Criminal law – theft by public servant; admissibility of evidence recovered after warrantless search; handwriting identification – reliance on persons acquainted with accused’s handwriting (in lieu of section 205 expert report); non-production of documents and effect on fairness of trial.
|
18 December 1989 |
|
Appeal dismissed where circumstantial evidence and common purpose established appellant's participation in the fatal raid.
Criminal law – Murder – Circumstantial evidence (trail of blood, wounds, blood at scene) – Admission to villagers – Common purpose doctrine – Gang members held liable for killing though identity of actual killer not proved.
|
18 December 1989 |
|
An intoxicated police officer’s negligent entrustment of his firearm justified conviction and a 10-year sentence.
* Criminal law – Causing loss to a specified authority – Negligence by a police officer – Intoxication and entrustment of service firearm – Evidence and credibility – Sentence upheld.
|
18 December 1989 |
|
Insanity defence not proved on balance of probabilities; murder conviction upheld; provocation not established.
Criminal Law – Insanity defence – accused must prove insanity on balance of probabilities; psychiatric and lay evidence assessed. Criminal Law – Provocation – mere presence or prior quarrel insufficient for legal provocation. Criminal Procedure – appellate review of trial judge’s directions and evaluation of evidence on insanity.
|
18 December 1989 |
|
Appeal dismissed: accused failed to prove insanity or provocation; murder conviction and death sentence upheld.
Criminal law – Insanity defence – burden on accused to prove insanity on balance of probabilities – psychiatric reports and post-offence conduct relevant; Provocation – requirements for legal provocation not met; Appeal against murder conviction and death sentence dismissed.
|
18 December 1989 |
|
Intoxication defence failed and provocation unavailable where accused returned armed after a cooling-off period.
Criminal law – Murder – Provocation – intervention to prevent taking of food not unlawful provocation; cooling-off period and return with weapon preclude heat of passion. Criminal law – Voluntary intoxication – requirement of credible evidence and effect on specific intent; admission of being 'in normal senses' and absence of alcohol evidence defeats intoxication defence. Appeal – appellate review of omitted directions where omission would not have altered outcome.
|
18 December 1989 |
|
Court upholds murder conviction after trial judge credibly rejects appellant’s accidental-killing defence.
Criminal law – Murder – Evaluation of eyewitness credibility – Trial judge’s duty to state reasons when differing from assessors – Accidental killing defence – Motive not required to prove murder.
|
18 December 1989 |
|
Whether recent possession of marked cattle and identification evidence sufficiently established the appellant’s guilt of theft.
* Criminal law – theft of cattle – possession of recently stolen animals – recent possession doctrine and presumption of unlawful possession
* Evidence – identification of livestock by marks and witness testimony
* Credibility – assessment of accused’s explanations and failure to produce supporting witnesses
|
18 December 1989 |
|
Eyewitness identification was sufficient to uphold a murder conviction despite an inadmissible extra-judicial statement; appeal dismissed.
* Criminal law – Murder – Identification evidence – Admissibility and reliability of eyewitness identification; favourable circumstances supporting positive identification.
* Criminal procedure – Weight of contradictions – Minor discrepancies between eyewitness accounts do not necessarily render identification unsafe.
* Evidence – Extra-judicial statements – Sections 27 and 33 Evidence Act; non-production of the declarant and inadmissibility/unsafe reliance on such statements.
|
18 December 1989 |
|
Court reduced a 20-year manslaughter sentence to six years, weighing provocation and remorse against aggravating conduct.
Criminal law – Manslaughter – sentence – Excessive sentence – Provocation as mitigation – Plea of guilty and remorse as mitigating factors – Aggravation where fatal blow struck after initial fight and deceased was walking away.
|
13 December 1989 |
|
Youthful impulsivity and mitigating circumstances justified reducing a 25‑year manslaughter sentence to three years.
* Criminal law – Manslaughter – absence of intent inherent in offence; sentencing principles. * Sentencing – mitigation – youth, impulsivity and first offender status. * Conduct context – minor theft/mischief versus robbery; force used in response to threat.
|
13 December 1989 |
|
Special damages for business loss from wrongful arrest require strict proof; insufficient evidence justifies setting aside the award.
Tort—wrongful arrest and false imprisonment; special damages—requirement of strict proof; causation and mitigation—evidence on seized documents, licence renewal, insurance and contract; appellate intervention where trial judge’s findings are inconsistent.
|
12 December 1989 |
|
Convictions quashed where defendants’ bailee defence, unreliable hearsay and uncorroborated co‑accused confession made convictions unsafe.
* Criminal law – cattle theft – possession as bailee/employee – reasonable doubt when accused possess permit and led police to pastures. * Evidence – hearsay and informers – necessity of scrutiny before acting on such evidence. * Evidence – confession of co‑accused – cannot alone convict others without independent reliable corroboration. * Criminal procedure – right to call alibi witness – refusal and prejudicial judicial remarks may prejudice defence. * Sentencing – police supervision order – not authorised under Economic and Organized Crime Control Act.
|
12 December 1989 |
|
Convictions quashed where defences were inadequately assessed, evidence uncorroborated, and police-supervision order unauthorized.
Criminal law – cattle theft under Economic and Organized Crime Control Act – sufficiency of evidence – hearsay – confession of co-accused – section 33 Evidence Act – identification reliability – right to call alibi witness – jurisdiction to impose police-supervision order.
|
12 December 1989 |
| November 1989 |
|
|
Voluntary intoxication did not negate specific intent to murder; self-defence was not established and conviction affirmed.
* Criminal law – Murder – mens rea – voluntary intoxication and section 14 Penal Code – when intoxication does not negate specific intent; * Criminal law – Self-defence – requirements and evidential burden; * Evidence – psychiatric report, inconsistent statements, post-offence conduct relevant to malice aforethought and credibility.
|
27 November 1989 |
|
Beating with sticks absent proof of infliction of fatal sharp wounds: murder conviction reduced to assault causing actual bodily harm.
Criminal law – Murder – Causation and proof of infliction of fatal injuries; Criminal law – Common intention – requirement for joint liability; Evidence – Eyewitness testimony and absence of observation of a weapon; Remedy – substitution of conviction for a lesser offence where evidence supports only lesser charge.
|
27 November 1989 |
|
The appellant’s conviction for causing a pregnant woman’s death upheld; caution statement and corroborating evidence affirmed.
Criminal law – manslaughter/causing death – admissibility and voluntariness of caution statement – corroboration by independent evidence (guesthouse attendant, post-mortem) – late allegation of ineffective assistance of counsel unsustainable on appeal – sentence not excessive.
|
27 November 1989 |
|
Trial omissions to call a doctor and cross‑examination irregularities did not occasion failure of justice; convictions and sentences upheld.
Criminal law – medical report procedure – failure to call medical practitioner and not informing accused of right to call witness – whether failure of justice; Criminal procedure – improper cross‑examination/re‑examination – whether irregularity vitiates trial; Appeal – safety of convictions for assault with intent to cause grievous hurt and robbery with violence; Sentencing – corporal punishment upheld.
|
27 November 1989 |
|
Second appeal against convictions for sodomy and robbery with violence based on victim and neighbour evidence (disposition not included).
Criminal law – Unnatural offence (sodomy) and robbery with violence; evidential sufficiency – identification and witness corroboration; appeal against conviction and sentence.
|
27 November 1989 |
|
Appellant’s inconsistent statements, possession-related facts and silence provided sufficient circumstantial evidence to uphold his conviction.
* Criminal law – Circumstantial evidence – sufficiency and cumulative effect – whether facts are capable of excluding reasonable hypotheses of innocence.
* Criminal law – Adverse inference – lies, evasive conduct and post-offence behaviour admissible and probative.
* Criminal procedure – Silence of accused when giving evidence – permissible to draw adverse inference in context of strong circumstantial case.
|
27 November 1989 |
|
Circumstantial inconsistencies and an inconclusive post‑mortem created reasonable doubt, so the murder conviction was quashed.
Criminal law – Circumstantial evidence – Sufficiency to prove guilt beyond reasonable doubt – Inconclusive autopsy and inconsistent statements may leave reasonable doubt – Possession of clothing not conclusive proof of killing.
|
27 November 1989 |
|
Reported
Evidence - Accomplice evidence - Whether corroboration is always necessary for a conviction. |
22 November 1989 |
|
Appellant's conviction for theft upheld: accomplices' testimony sufficiently corroborated and lawful to support conviction.
* Criminal law – Theft by public servant (Penal Code ss.265, 270) – accomplice evidence – necessity of corroboration as practice – corroboration may be circumstantial. * Evidence Act s.142 – an accomplice may be a competent witness and conviction may stand on uncorroborated accomplice testimony if the court finds it credible. * Appellate review – concurrent findings of fact – intervention only where findings unreasonable.
|
22 November 1989 |
|
Court upheld voluntariness of the appellant's confessions and affirmed his murder conviction for acting in concert.
Confession evidence — voluntariness and admissibility of extra-judicial/judicial statements; retracted confession; requirement and sufficiency of corroboration in murder prosecutions; joint enterprise liability.
|
22 November 1989 |
|
Court upheld murder conviction and death sentence, finding confessions voluntary and sufficiently corroborated.
* Criminal law – Murder – Admissibility and voluntariness of extrajudicial and formal confessions – Retraction alleged due to police coercion. * Corroboration – When confessional statements may be treated as sufficiently corroborated by consistent circumstantial testimony. * Appeal – Assessment of voluntariness and sufficiency of evidence to uphold conviction and sentence.
|
22 November 1989 |
|
Seven‑year manslaughter sentences upheld as justified by a protracted, merciless assault despite mitigating circumstances.
Criminal law – Manslaughter – Sentencing – Appellate review of sentence – reduction only where sentence is manifestly excessive – mitigating factors (time on remand, trivial value of property, provocation, first‑offender status, medical condition) weighed against aggravating circumstances (protracted, merciless assault, deterrence for militia member).
|
17 November 1989 |
|
Circumstantial evidence and possession of stolen goods upheld murder conviction; appeal dismissed.
Criminal law — Murder — Circumstantial evidence and credibility; possession/disposal of stolen property as corroboration; nexus between theft and killing establishing malice aforethought; appellate review of circumstantial convictions.
|
17 November 1989 |
|
Circumstantial evidence and unexplained possession established the appellant committed murder during a theft; appeal dismissed.
* Criminal law – Murder – Felony/constructive murder – Killing committed in course of theft establishes malice aforethought.
* Evidence – Circumstantial evidence – Possession of stolen property, suspicious conduct and inconsistent explanations as proof of guilt.
* Evidence – Credibility – Weight to be given to an interested witness where corroborated by other testimony.
|
17 November 1989 |
|
Voluntary intoxication and unproven earlier provocation did not negate the applicant’s guilt of murder; appeal dismissed.
Criminal law – Murder – Credibility of eyewitnesses; Intoxication – voluntary drunkenness insufficient to negate intent; Provocation – prior slap hours earlier not a lawful defence; Appeal – appellate court will not disturb credible trial findings.
|
17 November 1989 |
|
The applicant's failure to reduce speed and keep distance in wet conditions constituted dangerous driving causing death.
Road traffic — Causing death by dangerous driving — Standard of care assessed by attendant circumstances — Wet/slippery road and slope — Duty to maintain safe distance and reduce speed — Size and load of vehicle increases obligation.
|
7 November 1989 |
|
Appellate court upheld murder conviction and death sentence, rejecting provocation due to insufficient credible evidence.
* Criminal law – Murder – Malice aforethought – Whether evidence established deliberate ambush and malice aforethought. * Criminal law – Partial defence – Provocation – Whether alleged seduction of wife constituted sufficient provocation to reduce murder to manslaughter. * Evidence – Credibility – Assessment of appellant’s account versus prosecution witness testimony.
|
7 November 1989 |
|
Appellate court upheld murder conviction after finding the appellant's confession voluntary and malice aforethought proven.
Criminal law – Murder – Proof of malice aforethought – Confession – Voluntariness and reliability of pre-trial statements – Appeal against conviction and sentence.
|
7 November 1989 |
| October 1989 |
|
|
No point of law of public importance shown; leave to appeal dismissed with costs.
* Land law – Right of Occupancy (year-to-year) – expiry, revocation under section 10 of the Land Ordinance – reallocation. * Contract/administrative acts – variation of grant by altering offer/plot number – requirement (or not) of fresh offer and acceptance. * Leave to appeal – requirement of points of law of general public importance – concurrent findings of fact. * Procedural irregularity in reallocation/allocation of land (alteration of plot number).
|
31 October 1989 |
|
Reported
An appellate court’s prior final decision on jurisdiction bars relitigation of that issue in later proceedings; ground struck off.
* Civil procedure – res judicata – issue preclusion where Court of Appeal previously decided jurisdiction in same cause between same parties; subsequent trial judge cannot reopen the issue. * Preliminary objection – issue of jurisdiction pleaded but previously finally determined – objection upheld. * Appellate procedure – convening full bench unnecessary where basis (jurisdiction) already adjudicated.
|
30 October 1989 |
|
Appeal dismissed because the appellant failed to obtain certification of the intended point of law; each party bears own costs.
Appeal procedure – necessity of a certificate on the specific point of law to invoke Court of Appeal jurisdiction; refusal to certify intended point when not appealed precludes appeal; certificate on unargued issue does not validate appeal; procedural requirements for appellate competence.
|
19 October 1989 |
|
Termination was wrongful: extensions and lack of required 14‑day registered‑post default notice rendered employer’s termination invalid.
Contract law – wrongful termination; extensions of time – effect and attribution to employer; Clause 32 General Conditions – default plus 14‑day registered‑post notice required; retrospective termination invalid; notice of default distinct from extension of time; contractor’s reasonable diligence in face of material shortages and price escalation.
|
19 October 1989 |
| September 1989 |
|
|
Reported
Civil Practice and Procedure - Appeals - To the Court of Appeal - Case originating from Primary Court - A certificate on a point of law necessary.
Civil Practice and Procedure - Assessors - Omission to take assessor's opinion - Effect. |
22 September 1989 |
|
Eyewitness identification and cumulative evidence upheld convictions and death sentences; minor inconsistencies did not render verdicts unsafe.
Criminal law – murder – reliance on eyewitness identification made in daylight and moonlight – contradictions in witness statements not necessarily fatal – alibi defence – strength of cumulative evidence and safety of conviction; appeal dismissed.
|
22 September 1989 |
|
An appellate court will not overturn a conviction grounded on trial‑court credibility findings absent unusual circumstances or clear contradictions.
* Criminal law – Appeal – Assessment of witness credibility – appellate court will not overturn trial court’s credibility findings absent unusual circumstances or clear contradictions.
* Criminal law – Accidental discharge defence – explanation that firearm fired accidentally did not, without more, rebut credible prosecution evidence.
* Evidence – corroboration and medical/forensic material may support witness credibility and sustain conviction.
|
22 September 1989 |
|
Repeated extra-judicial confessions corroborated by a blood-stained panga and an oral police admission supported the murder conviction.
Criminal law – Murder – Extra-judicial/confessional admissions to villagers – Admissibility and weight of such admissions – Corroboration by possession of blood-stained weapon and oral admission to police – Uncautioned written police statement not relied upon – Appeal dismissed.
|
22 September 1989 |
|
A conviction based solely on an unreliable single identification witness is unsafe and was quashed.
Criminal law – murder – conviction founded solely on single identifying witness – inconsistent statements and failure to identify at scene undermine reliability – conviction unsafe and quashed; alibi and other procedural complaints examined but did not validate unsafe identification.
|
22 September 1989 |
|
Contradictions in witnesses’ accounts were not material; evidence sufficed to uphold murder convictions and dismiss the appeals.
Criminal law – murder – sufficiency of evidence – ocular and medical evidence – identification and inconsistencies in witness statements – appellate review of trial judge’s assessment of evidence and alleged double standard.
|
22 September 1989 |
|
Appellate court remits record to trial court to complete proceedings because the murder charge was not finally determined on the record.
* Criminal procedure – compliance with section 312(1) Criminal Procedure Act – adequacy of trial record for appellate review; remittal of record for completion of proceedings where charge not finally determined.
|
22 September 1989 |
|
The appellant's murder conviction quashed for insufficient circumstantial and uncorroborated scientific evidence.
Criminal law – murder – circumstantial evidence; expert evidence – reliance on written chemist’s report without viva voce evidence; postmortem delay; omission to rescue – probative value; requirement to prove causation and malice aforethought beyond reasonable doubt.
|
14 September 1989 |
|
Provocation reduced murder conviction to manslaughter; death sentence quashed and two-year imprisonment imposed.
Criminal law – murder versus manslaughter – provocation/transport of passion – insufficiency of evidence of malice aforethought – substitution of conviction and sentence.
|
14 September 1989 |
|
Provocation and loss of self-control reduced a killing from murder to manslaughter; death sentence substituted with two years' imprisonment.
Criminal law – Murder v manslaughter – Requirement of malice aforethought – Provocation and loss of self-control – Admitted extra‑judicial statement under s192 Criminal Procedure Act – Sentence substitution and reduction.
|
14 September 1989 |
|
Notice of appeal alone does not excuse applying for the record; failure to apply within the statutory period renders the appeal time‑barred.
* Criminal procedure – Notice of appeal (s.37(a)) – Whether notice alone excuses application for record; * Criminal procedure – Time limits for lodging appeals (para. (b)) – requirement to apply for copies within statutory period; * Procedural law – Extension of time – necessity of application for extension when delay occurs.
|
14 September 1989 |
|
Court overturns acquittal and enters special verdict of 'Guilty But Insane' for murder due to evidence of insanity.
Criminal law – Murder – Appeal against acquittal – Evidence of killing – Legal insanity – Special verdict of 'Guilty But Insane' under s.219 Criminal Procedure Act – Post-offence behaviour as evidence of insanity.
|
14 September 1989 |
|
The Economic Crimes Court lacked jurisdiction over possession of government trophies; the trial was a nullity and proceedings were set aside.
Jurisdiction — Economic Crimes Court — Whether possession of government trophies falls within offences under the Economic and Organized Crime Control Act No. 13 of 1984 — Trial in a court lacking jurisdiction is a nullity — Remedy and discretion of Director of Public Prosecutions regarding retrial.
|
14 September 1989 |
|
Admissibility of spouse's evidence and failure to prove cattle identity led to substitution of theft conviction with possession of suspected stolen cattle and reduced sentence.
* Evidence Act s.130 – spousal privilege/compellability – long‑term cohabitant to be treated as wife where dowry paid and community recognition. * Identification – proof of ownership of livestock requires personal/special marks; general appearance insufficient. * Criminal law – where ownership of seized property not proved but accused cannot be owner, conviction for possession of goods reasonably suspected to be stolen under Economic and Organized Crime Control Act is available. * Procedure – non‑compliance with s.16 (summings‑up and recording lay members' opinions) irregular but curable.
|
14 September 1989 |