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Citation
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Judgment date
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| November 1989 |
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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.
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27 November 1989 |
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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.
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27 November 1989 |
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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.
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27 November 1989 |
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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.
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27 November 1989 |
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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.
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27 November 1989 |
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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.
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27 November 1989 |
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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.
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27 November 1989 |
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Reported
Evidence - Accomplice evidence - Whether corroboration is always necessary for a conviction. |
22 November 1989 |
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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.
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22 November 1989 |
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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.
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22 November 1989 |
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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.
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22 November 1989 |
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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).
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17 November 1989 |
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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.
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17 November 1989 |
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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.
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17 November 1989 |
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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.
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17 November 1989 |
| September 1989 |
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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.
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14 September 1989 |
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Theft conviction quashed for failure to prove ownership; substituted conviction for possession of suspected stolen cattle and sentence reduced.
Criminal law – cattle theft – proof of ownership requires personal or special identification marks; where theft not proved conviction may be substituted under s.43(1) for possession of cattle reasonably suspected to be stolen. Evidence Act s.130 – status of cohabiting partner as wife and competency of prosecution evidence. Economic Crimes procedure – non‑compliance with s.16 (lay assessors' summation and recorded opinions) curable in appropriate cases. Sentencing – aggravating features at trial not transferrable to substituted lesser offence; sentence reduced.
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14 September 1989 |
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The respondent failed to prove innocent ownership; the appellate court reinstated forfeiture of his lorry used to transport smuggled ivory.
* Economic and Organized Crime Control Act – forfeiture and procedure – section 23 – Act’s forfeiture regime overrides inconsistent provisions in other statutes.
* Wildlife Conservation Act – section 78(1)(c) and section 78(2) – application to set aside forfeiture; limits where property relates to economic offences.
* Criminal procedure – innocent owner defence – burden to prove lack of knowledge or consent when property used in commission of offence.
* Jurisdiction – proper forum and procedure for restoration of forfeited property involved in economic offences.
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14 September 1989 |
| June 1989 |
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Confession obtained after alleged roughing-up and village inducement was unsafe; conviction solely on it was quashed.
Criminal law – confession – voluntariness – alleged torture/roughing-up and inducement by village authorities and relatives – confession as sole basis for conviction – safety of conviction; sentence of death quashed.
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2 June 1989 |
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Forgery conviction quashed for lack of evidence; convictions for uttering and obtaining money by false pretences upheld.
* Criminal law – forgery, uttering and obtaining money by false pretences – distinction between actual forgery and participation in uttering/obtaining proceeds. * Evidence – concurrent findings and witness identification; handwriting expert unnecessary where acquainted witnesses can identify signature. * Appeal – quashing conviction where no evidence links accused to making the forged instrument.
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2 June 1989 |
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Applicant's multiple voluntary confessions, corroborated by other evidence, upheld; appeal against conviction and death sentence dismissed.
Criminal law – Confessions – Multiple admissions to laypersons and a cautioned statement – Voluntariness and corroboration; Evidence – Treatment of witnesses as suspects and requirement for corroboration; Appeal – Material contradictions and alleged grudges not necessarily fatal to witness credibility.
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1 June 1989 |
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Appellant's murder conviction based on corroborated confessions was upheld and the appeal dismissed.
Criminal law – murder conviction based principally on extra-judicial and cautioned confessions – admissibility and weight of confessions – corroboration by recovery of weapon and post-mortem – status of witness who attended police station but was not detained – credibility assessment and misdirection.
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1 June 1989 |
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Multiple confessions, corroborated by a cautioned statement and forensic evidence, upheld; appeal dismissed.
* Criminal law – Confessions – Admissions made to private persons and to police (cautioned statement) – corroboration required for convictions based on confessions.
* Evidence – Treatment of witnesses as suspects and effect on corroboration – attendance at police station vs. detention.
* Appellate review – Whether contradictions on collateral matters vitiate central consistent admissions.
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1 June 1989 |
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Appellate court found the confession voluntary but called expert evidence, doubting the reliability of absent-pathologist post-mortem reports.
* Criminal law – confession – voluntariness and admissibility – weight of a confession that minimizes criminality and contains inconsistencies.
* Evidence – post-mortem reports tendered under section 291 Criminal Procedure Act – reliability when author absent.
* Procedure – Court of Appeal Rule 34 – court-initiated expert evidence to resolve inconsistencies between confession and forensic reports.
* Forensic pathology – clarity and integrity of autopsy reports (lung tests, flotation test) relevant to distinguishing suffocation from drowning.
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1 June 1989 |
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High Court committed for sentencing cannot substitute pleas or revisit convictions under section 171; convictions challengeable by appeal or revision.
Criminal procedure – committal for sentence (s.171 Criminal Procedure Act) – scope limited to sentencing inquiry – High Court lacks jurisdiction in committal proceedings to substitute pleas or reopen convictions – convictions assailable only by appeal or revision – Court of Appeal may exercise appellate sentencing powers to avoid delay.
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1 June 1989 |
| May 1989 |
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Appeal dismissed: evidence proved deliberate murder; defendant’s adultery story was a fabricated afterthought.
* Criminal law – Murder – sufficiency of evidence – eyewitness accounts of fatal assault with a hoe establishing malice aforethought; * Credibility – defence concocted allegations raised only in testimony amounting to afterthought; * Evidence – failure to call alleged adulterer does not necessarily vitiate prosecution case; * Provocation – prior matrimonial discord did not negate deliberate killing.
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29 May 1989 |
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12-year sentence for causing financial loss upheld; not manifestly excessive and trial court considered relevant factors.
Criminal law – Sentencing – Appeal against sentence – Appellate interference only where sentence is manifestly excessive, wrong in principle, or trial court ignored an important factor; consideration of prevalence of offence not determinative. Economic and Organized Crime Control Act – Section encouraging severity in sentencing for offences causing loss to specified authorities.
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29 May 1989 |
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The appellant's 12-year sentence for causing loss to a public authority was upheld as not manifestly excessive.
Criminal law – Sentencing – Appellate interference – only where sentence is manifestly excessive or trial court failed to consider important matters; Economic crimes – sentencing severity under section 59; Civil procedure – Notice of Appeal as mandatory requirement and remedy for procedural omission (extension of time).
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29 May 1989 |
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A credible dying declaration and the appellant's admissions negated self‑defence; murder conviction upheld and appeal dismissed.
* Criminal law – murder – assessment of self‑defence plea; weight and admissibility of dying declaration; credibility findings of trial court and assessors; proof beyond reasonable doubt.
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29 May 1989 |
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Possession of a forged cheque just before encashment and silence as to its source justifies inferring knowledge and upholds conviction.
* Criminal law – Forgery and uttering forged documents – Possession of forged cheque immediately before encashment and failure to explain possession permits inference of knowledge of forgery.
* Criminal law – Circumstantial evidence – Direct proof not essential where inferences are irresistible.
* Evidence – Adverse inference from silence when explanation would be expected.
* Criminal procedure – Acquittal of co-accused does not automatically exonerate another where evidence supports individual liability.
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26 May 1989 |
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Circumstantial evidence, flight and admissions established intent and supported the murder conviction; appeal dismissed.
Criminal law – Murder – Circumstantial evidence – Whether circumstantial facts collectively exclude reasonable hypothesis of innocence – Flight and admissions as corroborative evidence – Proof of intent to kill or to cause grievous bodily harm.
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26 May 1989 |
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Circumstantial evidence (presence, quarrel, flight, fatal injuries) can sustain a murder conviction beyond reasonable doubt.
* Criminal law – Circumstantial evidence – Sufficiency to convict – when facts exclude reasonable hypothesis of innocence.
* Evidence – Credibility of related witnesses – kinship does not automatically imply collusion.
* Criminal law – Flight/disappearance after discovery of victim – admissible as supporting inference of guilt.
* Criminal law – Nature and location of injuries – inference of intention to kill or cause grievous bodily harm.
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26 May 1989 |
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Unexplained possession of a forged cheque can justify an inference of guilty knowledge sustaining convictions.
Criminal law – forgery, uttering and obtaining by false pretences – circumstantial evidence – possession of forged instrument and failure to explain possession – permissible inference of guilty knowledge – appellate review of factual inferences and co-accused testimony.
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26 May 1989 |
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Conviction cannot rest on an unreliable dying declaration and unsupported voice identification.
* Criminal law – Dying declaration – Admissibility and reliability – conviction cannot rest on an unreliable dying declaration.
* Identification – Voice identification – unsafe without evidence deceased knew the voices of alleged assailants.
* Corroboration – Motive evidence – weak or inadequate motives cannot reliably corroborate a dying declaration.
* Criminal appeal – Where trial judge retains doubts as to identity, such doubts must be resolved in favour of the accused.
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26 May 1989 |
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Jealousy-motivated killing; self-defence rejected and murder conviction with death sentence upheld.
Criminal law – Murder – Whether self‑defence proved; Credibility of eyewitness evidence; Motive (jealousy) as circumstantial evidence; Post‑offence conduct supporting guilt.
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26 May 1989 |
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Appellant's self-defence claim rejected; eyewitness and forensic evidence established deliberate murder and appeal dismissed.
* Criminal law – Murder – Self-defence plea – Assessment of credibility of accused’s story versus eyewitness and forensic evidence.
* Evidence – Eyewitness testimony and PF report supporting finding of unprovoked, vicious assault.
* Motive and conduct – Jealousy/sexual rivalry and failure to report incident as indicia of deliberation.
* Appeal – Conviction upheld where trial court properly evaluated evidence and rejected defence.
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26 May 1989 |
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Significant contradictions in prosecution witnesses rendered manslaughter convictions unsafe despite medical proof of death.
Criminal law – Manslaughter – Sufficiency of evidence to prove death and identity – Effect of material contradictions among prosecution witnesses on safety of conviction – Appellate intervention where inconsistencies render prosecution case unreliable.
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26 May 1989 |
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The court upheld the conviction, finding the applicant guilty based on a dying declaration, eyewitness testimony and medical evidence.
* Criminal law – murder – evaluation of eyewitness evidence and dying declaration – admissibility and weight of dying declaration; * Criminal law – medical evidence – chest injuries and causation of death; * Credibility assessment – rejection of appellants' alibi/alternative account; * Proof of malice aforethought and upholding of death sentence.
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25 May 1989 |
| April 1989 |
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The appellant’s fabricated adultery defence failed; murder conviction and death sentence upheld.
Criminal law – murder – sufficiency and credibility of evidence – late fabrication of adultery defence – failure to call alleged third party witness – malice aforethought established.
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29 April 1989 |
| January 1989 |
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High Court exceeded its s.171 sentencing role by substituting pleas; Court of Appeal restored convictions and proceeded to sentence.
Criminal procedure – section 171 Criminal Procedure Act – scope limited to inquiry for sentencing when offender committed – High Court has no jurisdiction in that process to substitute pleas or re-open convictions recorded by a subordinate court; convictions challengeable only by appeal or revision – appellate court may exercise sentencing powers to avoid delay.
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1 January 1989 |