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Citation
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Judgment date
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| September 2019 |
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The appellant's dismissal for an alleged unlawful assembly was unfair; CMA delay and mediator referral did not invalidate the award.
* Labour law – unfair termination – alleged unauthorised assembly/strike – burden to prove unlawful assembly; * Labour procedure – mediation to arbitration referral – no codified procedure; parties' recorded consent sufficient; * Employment and Labour Relations Act s.88(9) – delay in delivering award (beyond 30 days) not automatically fatal absent prejudice.
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30 September 2019 |
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Court affirmed convictions: cautioned statements admissible, voluntary, and circumstantial evidence proved guilt beyond reasonable doubt.
Criminal law – circumstantial evidence; admissibility and timing of cautioned statements under sections 50 and 51 CPA; exclusion of transfer time under section 50(2)(a); voluntariness of confessions; relevance of information leading to discovery (s.31 Evidence Act); pre-determination of guilt.
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30 September 2019 |
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High Court erred by dismissing extension applications without considering good cause, denying appellants a fair hearing.
Criminal procedure – extension of time to file appeal – section 361(2) CPA – requirement to show good cause; Judicial overreach – predetermining merits of appeals not before the court; Right to fair hearing – Article 13(6)(a) – breach where court fails to consider applicants' reasons; Remedy – nullification of proceedings and order to permit fresh applications; Distinction – striking out v dismissal and respective consequences.
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30 September 2019 |
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Second appeal upheld conviction; defective charge curable, but thirty-year sentence substituted with mandatory life imprisonment.
Criminal law — second appeal — limits on raising new grounds; evidence — child complainant credibility and medical corroboration (PF3); charge sheet defects — omission of statutory subsections curable under s.388 CPA when particulars clear; procedure — timing of charge after arrest not fatal; sentencing — mandatory life imprisonment under s.154(2) where victim under 18.
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30 September 2019 |
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Victim's credible identification upheld; rape proved beyond reasonable doubt despite delayed medical report and no identification parade.
* Criminal law – Sexual offences – Rape – Victim as primary witness – identification where victim knew accused – reliability of identification. * Medical evidence – PF3 – delayed examination – evidential value not decisive; medical proof not indispensable. * Identification parade unnecessary where victim knew suspect prior to offence.
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30 September 2019 |
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Illiterate maker's s34B statement expunged, but conviction upheld on remaining admissible confessional evidence.
* Evidence Act s.34B – admissibility of written statements where maker is not called – cumulative compliance with s.34B(2)(a)-(f) and special requirement for illiterate makers.
* Extra-judicial confessions – voluntariness and timing – no strict statutory time limit; voluntariness is determinative; Chief Justice’s instructions to Justices of the Peace must be observed.
* Cautioned statements – improperly witnessed cautioned statements may be rejected and, if expressly discarded by trial judge, do not necessarily infect the conviction.
* Appellate review – late objections to admissibility not raised at trial are ordinarily untenable, but courts will correct clear statutory non-compliance on first appeal.
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30 September 2019 |
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Failure to record the child's statutory promise vitiates her testimony, but corroborative evidence can still sustain conviction.
* Evidence Act s.127(2) (as amended) – child of tender age must promise to tell the truth; omission is fatal. * Rape – medical/ PF3 evidence persuasive but not binding; victim’s oral evidence primary. * Admissibility of cautioned statement – voluntariness and reading in court. * Corroboration – admission to independent witnesses can corroborate confession and sustain conviction. * Appeal procedure – new grounds not raised in first appeal ordinarily not entertained.
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30 September 2019 |
| August 2019 |
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The applicant’s conviction affirmed where a stolen phone was traced by IMEI and recent‑possession inference supported guilt.
* Criminal law – armed robbery – identification of stolen property by distinctive mark and IMEI number – admissibility and weight of electronic tracking evidence. * Doctrine of recent possession – elements and application where stolen item recovered soon after offence. * Alibi – requirement that defence evidence cover the material date. * Credibility – minor inconsistencies do not necessarily vitiate a coherent prosecution case.
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30 August 2019 |
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Extra-judicial statement voluntary and admissible; illiterate-maker's s.34B statement lacked certification and was expunged; appeal dismissed.
Criminal law – confession and extra-judicial statements – voluntariness and timing; Evidence Act s.34B – admissibility of written statements; illiterate maker – requirement that statement be read over and certified; appellate review of late objections; proof beyond reasonable doubt.
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30 August 2019 |
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Misapplied voir dire requires corroboration; medical and parental evidence can nonetheless sustain a child sexual-offence conviction.
Criminal law — Sexual offences — Child witness evidence — Section 127(2) Evidence Act (voir dire) — requirement to record sufficient intelligence — section 127(7) Evidence Act — corroboration where voir dire misapplied — medical opinion as corroboration — expunged PF3 not part of case.
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30 August 2019 |
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High Court at Songea lacked territorial jurisdiction: tort claim governed by s.18 CPC, appeal dismissed with costs.
Civil Procedure — Place of suing — Distinction between suits relating to immovable property (s.14) and other suits including torts (s.18) — Cause of action governs territorial jurisdiction; annexures to plaint may be considered in jurisdictional inquiry; claims based on same cause of action cannot be severed to create jurisdiction.
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29 August 2019 |
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Reported
The appellant's tort claim fell under s.18 CPC; Songea High Court lacked territorial jurisdiction, so appeal dismissed with costs.
Civil procedure – Territorial jurisdiction – Place of suing – distinction between section 14 (immovable property) and section 18 (other suits/torts) of the Civil Procedure Code – Cause of action determines venue; pleadings and annexures may be considered in jurisdictional inquiry; jurisdiction is statutory and cannot be conferred by parties.
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29 August 2019 |
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Court dismisses appeal: action was tort falling under s.18 CPC, Songea High Court lacked territorial jurisdiction; appeal dismissed with costs.
Civil Procedure Code – Place of suiting – distinction between suits relating to immovable property (s.14) and other suits (s.18); territorial jurisdiction; tort of conversion; annexures to plaint as part of pleadings; inability to sever claims arising from same cause of action.
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29 August 2019 |
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A truthful child witness’s testimony can alone sustain conviction for a sexual offence under the amended Evidence Act.
Evidence Act (Act No. 4 of 2016) — child witnesses: s127(2) competence without oath on promise to tell truth; s127(6) — conviction may follow on uncorroborated child evidence if court records reasons for believing the child; preliminary hearing (s192 CPA) does not mandate listing all prosecution witnesses; factual testimony by first responders admissible; medical reports expunged but oral medical evidence may corroborate injuries; standard — proof beyond reasonable doubt.
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29 August 2019 |
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Visual identification upheld; armed robbery conviction sustained, but grievous-harm convictions quashed as duplicative.
* Criminal law – Visual identification – familiarity, adequate lighting, proximity and duration as safeguards against mistaken identity.
* Criminal procedure – concurrent factual findings by trial and first appellate courts – appellate interference only if findings are unreasonable or perverse.
* Offences – armed robbery and grievous harm – duplicity of charges where assaults forming part of same transaction as robbery.
* Evidence – alibi and unpursued allegations of grudge – failure to cross-examine undermines such allegations.
* Medical evidence – supported injuries but conviction for assault cannot stand where duplicative of robbery charge.
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29 August 2019 |
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A competent child’s credible uncorroborated testimony can sustain a rape conviction despite PF3 or medical-evidence issues.
Criminal law — Evidence Act s.127(2) and s.127(7) — Competency of child witness and reliability of uncorroborated testimony in sexual offences; PF3 evidential role and non‑dispositive medical evidence; inadmissibility of new grounds on second appeal; relatives as competent witnesses; s.143 — no prescribed number of witnesses.
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28 August 2019 |
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An application for leave filed more than fourteen days after High Court refusal is time‑barred and must be struck out absent granted extension.
Court of Appeal procedure – Leave to appeal after High Court refusal – Rule 45(b) fourteen‑day limitation – Rule 49(3) cannot be used to circumvent prescribed time limits – Out‑of‑time application incompetent and struck out; remedy available by application for extension of time on good cause.
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26 August 2019 |
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An application for leave filed beyond the 14-day Rule 45(b) limit was time-barred and struck out with costs.
Court of Appeal procedure – leave to appeal – Rule 45(b) 14-day time limit after High Court refusal – application filed out of time – Rule 49(3) cannot override Rule 45(b) – belated applicant may seek extension under Rule 10 – application struck out with costs.
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26 August 2019 |
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Child victim’s credible testimony and appellant’s admissions upheld conviction for grave sexual abuse.
* Criminal law – Sexual offences – Evidence of child of tender years – section 127(7) Evidence Act – sole evidence may suffice where court records reasons for believing the child. * Criminal procedure – Second appeal – issues not raised in first appeal cannot be entertained. * Evidence – cautioned statement and defence admissions as corroboration. * Medical evidence – failure to call examining doctor immaterial where assault unlikely to produce detectable signs.
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26 August 2019 |
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Lone credible eyewitness evidence and appellant’s admission established malice aforethought; murder conviction affirmed.
Criminal law – Murder v. manslaughter – Malice aforethought: inferential factors (weapon, force, body part, conduct); Evidence – single eyewitness sufficiency (s.143 Evidence Act); Failure to produce weapon or postmortem exhibits does not necessarily vitiate conviction; Alleged intoxication/drug use as negating intent – requirements and proof.
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23 August 2019 |
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Appellate court upheld murder conviction, finding malice aforethought proven and eyewitness credible; appeal dismissed.
Criminal law – Murder v. manslaughter – proof of malice aforethought (weapon used, part of body struck, number of blows, flight, admissions); credibility of sole eyewitness; evidential effect of non-production of weapon and post-mortem exhibit; appellate jurisdiction and disposal on merit under section 3A.
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23 August 2019 |
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Conviction based on uncorroborated, insufficiently scrutinized victim testimony was quashed as unsafe.
Criminal law; sexual offences — reliance on uncorroborated victim testimony; s.127(7) Evidence Act — conviction may rest on single witness only where court records reasons and is satisfied witness tells nothing but truth; appellate review of credibility; inadmissibility of grounds not raised below.
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23 August 2019 |
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Conviction quashed where possession of stolen items was unproven and defence was not properly considered.
Criminal law — Armed robbery — Doctrine of recent possession — Proof of actual possession required before applying doctrine; evidence omissions may justify adverse inference — Cautioned statements: material contradictions with witness testimony undermine evidential value — Duty to consider accused’s defence.
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23 August 2019 |
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Failure to read contents of admitted exhibits rendered the guilty pleas equivocal, leading to quashing of convictions.
* Criminal procedure – guilty plea – requirement to read out contents of admitted documentary exhibits (inventory, valuation certificate, cautioned statements) – failure renders plea equivocal.
* Appeals – second appeal – new grounds not raised in first appellate court cannot be entertained on second appeal (exceptions for pure points of law).
* Evidence – missing exhibits – impact on fairness of retrial; quashing convictions where retrial would be unjust.
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22 August 2019 |
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The appellant's plea was equivocal for armed robbery; conviction quashed and retrial ordered.
* Criminal procedure – Plea of guilty – Equivocal plea – plea admitting theft did not admit elements of armed robbery – plea must be unequivocal to sustain conviction under s.228 CPA.
* Criminal procedure – Section 228(2) CPA – requirement to record accused’s words, explain elements, and call accused to admit or deny facts.
* Criminal procedure – Distinction between s.228 (guilty plea) and s.192 (preliminary hearing and memorandum of undisputed facts) procedures.
* Trial irregularity – inconsistent sets of facts and failure to afford accused opportunity to respond – vitiates plea and conviction.
* Appellate relief – quashing conviction and ordering retrial under Appellate Jurisdiction Act s.4(2).
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22 August 2019 |
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Conviction quashed for defective voir dire, failure to call medical witness, and inadequate evaluation of the defence.
- Evidence Act s.127(2) — voir dire for child witnesses — requirement to record that child understands oath/duty to tell truth
- Criminal procedure — failure to call medical witness / tender PF3 — adverse inference where unexplained delay to hospital
- Criminal appeal — necessity to evaluate defence evidence; failure to do so renders conviction unsafe
- Second appeal — new grounds not raised before first appellate court ordinarily not entertained
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20 August 2019 |
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Where the appellate record is irretrievably lost, the Court may quash conviction and release the appellant who served substantial sentence.
* Criminal appeal – Missing essential documents in record of appeal – Rule 71(2) & (4) Court of Appeal Rules – Reconstruction of record impracticable – Retrial not viable where record irretrievable – In interest of justice, quashing conviction and releasing appellant who served substantial part of sentence.
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16 August 2019 |
| May 2019 |
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Second appellate court dismisses appeal; cannot re‑raise expunged cautioned statement or new factual grounds not previously argued.
Criminal law – Rape – Identification and medical evidence – PF3 admissibility; Cautioned statement expunged for delay cannot be re‑challenged on second appeal; Second appeal jurisdiction – Court will not entertain new grounds not raised in first appeal.
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16 May 2019 |
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The applicant's conviction for child rape upheld: child's testimony and mother's evidence proved guilt; PF3 expunged.
Criminal law – Rape of a child – Proof of age by parent – Competence and sufficiency of child's testimony (s.127(7) TEA) – PF3 admissibility and requirement to read exhibit aloud – Expunging improperly admitted medical report – Failure to call non-material witnesses not warranting adverse inference – Defence alleged fabrication as afterthought.
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16 May 2019 |
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Applicants failed to account for delay and did not show an illegality apparent on the record to justify extension of time.
Civil procedure — extension of time under Rule 45A(1)(b) — requirement to account for each day of delay — sufficiency of cause — illegality as a ground for extension only where apparent on the face of the record (authorities: Bushiri; Lyamuya; Valambhia; VIP Engineering).
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16 May 2019 |
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Court allowed curative amendments for unnamed respondents and a typographical notice defect; CMA exhibits need not meet CPC endorsement formalities.
Labour appeals — preliminary objections — party identification — failure to list respondents; admissibility/endorsement of exhibits in CMA proceedings — Mediation and Arbitration Guidelines Rules empower arbitrator to determine procedure; notice of appeal defects — typographical/curable under Rule 111 of the Court of Appeal Rules; discretion to allow amendments to facilitate substantive justice.
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16 May 2019 |
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Conviction overturned for material variance in date charged and for failure to consider the accused’s defence.
Criminal law – variance between charge sheet particulars and trial evidence – requirement to prove or amend date under Criminal Procedure Act; Criminal procedure – failure to consider accused’s defence (Lockhart‑Smith principle) – fatal irregularity; Sexual offences – victim testimony and medical evidence issues (corroboration, delay, PF3) raised but rendered academic.
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16 May 2019 |
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Material variance between the charged date and witness evidence rendered the charge incurably defective; conviction quashed.
* Criminal law – charge particulars – variance between date in charge sheet and date given in evidence – material and fatal defect.
* Criminal Procedure Act – section 234(1) (amendment of defective charge) and section 234(3) (variance as to time) – s234(3) does not cure discrepancy in pleaded date.
* Right to fair trial – accused must know particulars of charge to prepare defence – failure to amend charge where variance exists may lead to acquittal.
* Prosecution concession – respondent's concession that defect was incurable and not resisting appeal.
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16 May 2019 |
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A material variance between the charge's pleaded date and witness evidence is fatal unless the charge is properly amended.
* Criminal law – Unnatural offence – Material variance between date in charge sheet and dates in witness evidence – Whether curable – Interpretation of s.234(3) CPA – s.234(1) CPA empowers amendment but was not invoked – variance fatal; conviction unsafe.
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16 May 2019 |
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Conviction quashed where both lower courts failed to consider the accused's defence and PF3 was not read out.
* Criminal law – trial procedure – necessity to consider and evaluate accused's defence – failure to do so vitiates conviction. * Evidence – documentary evidence admitted but not read out (PF3) – contents cannot be relied on and must be expunged. * Revisionary powers – quashing conviction and setting aside sentence where conviction is unsafe.
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16 May 2019 |
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Failure to consider the accused's defence was fatal; conviction quashed and sentence set aside.
Criminal law – failure to consider accused's defence – fatal misdirection – conviction vitiated; PF3 admitted but not read – expunged; remedy: quash conviction and set aside sentence.
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16 May 2019 |
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Conviction quashed where trial and appellate courts failed to consider the accused's defence; sentence set aside.
* Criminal law – conviction for rape of a child; * Duty to consider accused's defence – failure is fatal and vitiates conviction; * Appeal procedure – appellate court must independently assess defence and prosecution evidence; * Evidence – PF3 not read out after admission is expunged and cannot corroborate prosecution case; * Remedy – conviction quashed and sentence set aside under s.4(2) AJA; release unless lawfully held.
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16 May 2019 |
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Victim's credible identification and testimony can sustain conviction despite expunged medical report.
Criminal law – incest by males – identification and penetration – victim’s sworn testimony under s.127(7) Evidence Act; medical report (PF3) expunged where contents not read over; relatives’ evidence admissible and may ground conviction; appellate review of trial court’s failure to consider defence.
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15 May 2019 |
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A credible child victim's testimony can sustain an incest conviction despite an unread PF3 medical report.
* Criminal law – Incest by males – conviction may rest on credible child witness testimony under s.127(7) Evidence Act. * Evidence – PF3/medical report must be read over after admission; failure warrants expungement. * Identification – recognition by a known victim and surrounding circumstances can render identification watertight. * Evidence of relatives – not automatically discredited nor always requiring corroboration; assessed on merit. * Appellate review – omission by trial court to discuss defence may be cured if first appellate court properly evaluates it.
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15 May 2019 |
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Extension denied: applicants failed to account for delay and alleged illegality was not apparent on the record.
Procedure—extension of time under Rule 45A; sufficient cause—duty to account for delay; illegality as ground for extension—must be apparent on the face of the record.
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15 May 2019 |
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Conviction quashed where inconclusive medical evidence and inconsistent eyewitness testimony failed to prove murder beyond reasonable doubt.
Criminal law – Murder – Insufficient proof of cause of death where post-mortem inconclusive – Reliance on single inconsistent eyewitness – Duty to call material witnesses – Assessors’ unanimous not-guilty opinion and trial judge’s obligation to give reasons for disagreement.
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15 May 2019 |
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Appellant's murder conviction quashed: medical evidence inconclusive, eyewitness unreliable, judge failed to justify differing from assessors.
Criminal law – Murder – Insufficient evidence – Inconclusive post-mortem – Unreliable single eyewitness – Contradictions and inconsistencies – Duty to call key witnesses/adverse inference – Trial judge’s obligation to give reasons when differing from unanimous assessors’ opinion.
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15 May 2019 |
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A fatally defective charge mixing different offences rendered trial a nullity; convictions quashed and retrial denied.
Criminal law – defective charge – particulars mixing offences (stealing by agent vs false pretence) – incurable defect renders trial a nullity – retrial inappropriate where charge fatally defective – appellate nullification and quashing of conviction.
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15 May 2019 |
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Conviction quashed where charge-sheet date conflicted with evidence and courts failed to consider the applicant's defence.
* Criminal law – charge-sheet variance – prosecution must prove date alleged or amend under section 234 CPA; unamended variance can vitiate conviction. * Criminal procedure – failure to consider accused's defence – Lockhart‑Smith principle; such failure is fatal to conviction. * Evidence – victim testimony and medical report; corroboration, delay and procedural steps (PF3) may affect probative value. * Sentencing – appellate comment on life sentence but interference unnecessary once conviction quashed.
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14 May 2019 |
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A fatally defective charge that fails to disclose essential elements renders trial and appellate proceedings a nullity; retrial inappropriate.
* Criminal law – Defective charge – particulars must disclose essential elements of the offence; failure renders proceedings a nullity. * Criminal procedure – Stealing by agent (s.273(b) & s.258 Penal Code) distinguished from offences involving false pretence and intent to defraud. * Appellate practice – Principles for ordering retrial (Fatehali Manji): retrial not ordered to enable prosecution to fill gaps. * Consequence – incurable defect in charge: nullification of trial and appellate proceedings; quashing of conviction and setting aside of sentence. * Civil procedure – Appeal abated where appellant is deceased (rules).
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14 May 2019 |
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Allowing assessors to cross-examine witnesses vitiates the trial and mandates a retrial before a new bench.
Evidence Act (ss.146-147,177) – role of assessors – assessors may put questions through court with leave but must not cross-examine; cross-examination reserved for adverse party; allowance of assessors’ cross-examination vitiates trial; incurable defect; retrial ordered under s.4(2) AJA.
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13 May 2019 |
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Prisoner transfer and lack of control over appeal process constituted good cause to extend time to lodge appeal.
Criminal procedure – section 361(2) CPA – power to admit appeal notwithstanding time limits – extension of time to give notice and lodge appeal; Prisoners' transfers and custodial restraint as good cause for delay; Uncontested affidavit evidence where respondent fails to file counter-affidavit.
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13 May 2019 |
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Prisoner’s transfer and uncontradicted affidavit can constitute good cause to extend time to give notice and lodge an appeal.
Criminal procedure — Appeal out of time — Section 361(2) CPA — Good cause — Prisoner’s transfer and lack of control over appeal process — Uncontradicted affidavit — Enlargement of time.
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13 May 2019 |
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Allowing assessors to cross‑examine witnesses vitiated the trial and warranted nullification and retrial.
Criminal procedure — Assessors — Improper cross-examination by assessors vitiates trial; Evidence Act ss.146,147,177; Revisionary powers — s.4(2) Appellate Jurisdiction Act; Order for retrial.
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10 May 2019 |
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Prison transfer and restraint can constitute good cause under s.361(2) to extend time to give notice and lodge an appeal.
* Criminal Procedure Act s.361(2) – power to admit appeal and effectively extend time for notice and lodging of appeal – "good cause" test. * Prisoners’ appeals – transfer and institutional restraint as potentially constituting good cause for delay. * Evidence – uncontroverted affidavit of inmate and absence of counter-affidavit; courts to treat such evidence with care.
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10 May 2019 |