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Citation
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Judgment date
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| December 1984 |
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Credible eyewitness testimony negated provocation, so the murder conviction and death sentence were upheld.
* Criminal law – Murder (s.196 Penal Code) – evaluation of eyewitness evidence – defence of provocation and self‑defence – appellate review of factual findings.
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4 December 1984 |
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Eyewitness and medical evidence upheld the appellant's murder conviction; provocation defence failed.
Criminal law – murder – provocation as a defence – credibility of eyewitness and voluntary statement; causation by injuries – post-mortem; inference of malice aforethought from weapon and injuries.
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1 December 1984 |
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Appellant’s provocation defence rejected; fatal panga attack and injuries supported inference of malice and upheld murder conviction.
Criminal law – murder – defence of provocation – requirements and proof; causation – fatal injuries and post-mortem evidence; inference of malice aforethought from use of a lethal weapon and nature of injuries; weight of eyewitness and voluntary statement evidence.
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1 December 1984 |
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Convictions quashed where identification and connecting evidence were inadequately proved and courts misdirected.
* Criminal law – identification at night – adequacy and scrutiny of identification evidence; * Circumstantial evidence – possession of money and alleged recovery of property as link to offence; * Appellate review – misdirection and non‑direction by trial and first appellate courts; * Evaluation of witness credibility – acceptance of uncorroborated testimony (PW3) and its effect on safety of conviction.
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1 December 1984 |
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Convictions unsafe where trial and first appellate courts misdirected themselves, failed to scrutinise evidence and inadequately linked exhibits to accused.
* Criminal law – robbery with violence – identification evidence – adequacy of identification at night and sufficiency of circumstantial links (money, jacket).
* Evidence – credibility and scrutiny of witnesses – dangers of accepting uncorroborated testimony (including extraneous rape allegation).
* Procedural law – misdirection and non-direction by trial court and appellate court – consequences for safety of conviction.
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1 December 1984 |
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Appeal against murder conviction dismissed: eyewitness identification and the accused’s own statements corroborated guilt.
Criminal law – Murder; identification evidence in darkness – reliability of eyewitness identification; corroboration by accused's extra‑judicial statement; post‑mortem evidence of decapitation; appeal dismissed.
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1 December 1984 |
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Sole witness identification, supported by favourable viewing conditions and implausible defence, upheld to sustain murder conviction.
Criminal law – identification evidence – conviction based on single witness identification – adequacy of lighting and prior acquaintance; defence alibi credibility.
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1 December 1984 |
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Intoxication and trial misdirection negated malice aforethought; murder conviction reduced to manslaughter with ten-year sentence.
* Criminal law – homicide – Self-defence – No longer in danger after retreating; return to attack negates self-defence. * Criminal law – intoxication – Voluntary intoxication can negate the specific intent required for murder where prosecution fails to prove mens rea beyond reasonable doubt. * Appellate review – Misdirection by trial judge on pleaded defences may vitiate findings on culpability; appellate court may substitute conviction and sentence for a lesser offence.
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1 December 1984 |
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Appellant’s intoxication negated malice; murder conviction quashed and substituted with manslaughter conviction.
Criminal law – murder v. manslaughter – intoxication and incapacity to form malice aforethought; self‑defence rejected where danger had ceased; appellate substitution of manslaughter conviction under s.195 Penal Code.
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1 December 1984 |
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Intoxication evidence and trial misdirection negated proof of malice for murder; conviction reduced to manslaughter with ten-year sentence.
Criminal law – Murder v. manslaughter – Effect of voluntary intoxication on specific intent (malice aforethought) – Self-defence rejected where danger had ceased – Trial judge misdirection on defence of drunkenness renders murder conviction unsafe.
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1 December 1984 |
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Sole identification by a frightened young eyewitness at night was unreliable; conviction and death sentence were quashed.
* Criminal law – identification evidence – sole eyewitness identification by a young, frightened witness at night – reliability and risk of mistake.
* Evidentiary standard – need for corroboration where identification is uncertain or made under unfavourable circumstances.
* Appeal – conviction unsafe where identification is ambiguous and assessors express doubt.
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1 December 1984 |
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Credible identification by a known witness defeats alibi; concurrent findings upheld and appeal dismissed.
Criminal law – Identification evidence – Witness who knew accused – credibility of watchman’s identification supporting conviction; Alibi – once identification accepted alibi cannot raise reasonable doubt; Appellate review – concurrent findings of fact entitled to stand; Accomplice evidence – issues not arising on the facts.
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1 December 1984 |
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Conviction based on a frightened, young witness’s night‑time identification was unsafe absent corroboration.
Criminal law – Identification evidence – Sole identifying witness – Night-time robbery, young and frightened witness, inconsistent testimony – Need for corroboration where circumstances unfavourable – Unsafe to convict on unclear sole identification.
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1 December 1984 |
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A conviction based solely on an uncertain night-time identification by a frightened 14-year-old is unsafe without corroboration.
Criminal law – identification evidence – reliability of night-time recognition by a frightened young witness; sole identifying witness; necessity for corroboration; appellate review where assessors advise not guilty; trial judge’s misdirection in evaluating identification.
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1 December 1984 |
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Appellate court upheld corrupt transaction convictions, finding witnesses credible and accomplice testimony cogent.
* Criminal law – Corruption – Conviction under s.3(1) Prevention of Corruption Act – Receipt of money to grant bail and to close a file; credibility of witnesses and corroboration of an accomplice's testimony.
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1 December 1984 |
| November 1984 |
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Housebreaking conviction quashed for lack of evidence of breaking; theft conviction upheld and appeal otherwise dismissed.
* Criminal law – housebreaking – essential element of "breaking" – lawful entry insufficient to sustain housebreaking conviction where no evidence of breaking.* Criminal law – theft – conviction supported by credible evidence; restoration of stolen goods does not negate theft conviction.* Sentence – concurrent sentences; release ordered if remaining sentence already served.
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29 November 1984 |
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Reported
Labour Law - Employment Ordinance - Complainant driving and keeping respondent’s taxi and retaining 20% of earnings - Whether relationship of Employer and employee existed to attract prosecution for breaches of the Employment Ordinance. |
24 November 1984 |
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Acquittal upheld where the applicant failed to prove an employer–employee relationship for the taxi driver.
Employment law — employer v independent contractor — necessity of proving control, ownership of tools, chance of profit and risk of loss; evidential burden in criminal prosecution for statutory employment offences; ownership of tool (vehicle) insufficient alone to establish employment.
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24 November 1984 |
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Court allowed substitution of theft convictions under section 187(2) and imposed concurrent three-year sentences.
* Criminal law – Obtaining goods by false pretences (s.302 Penal Code) – Evidence establishing theft rather than false pretences – Substitution of conviction under s.187(2) Criminal Procedure Code.
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24 November 1984 |
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Section 187(2) permits substitution of a theft conviction where evidence shows theft, even if charged as obtaining by false pretences.
Criminal law – Obtaining goods by false pretences versus theft – Application of section 187(2) Criminal Procedure Code permitting substitution of conviction for theft where evidence establishes theft though charged under sections 302/304.
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24 November 1984 |
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Conviction for poisoning quashed because forensic analysis showed the fatal poison did not match the accused's alleged source.
Criminal law – murder by poisoning; requirement to prove accused administered the fatal poison; forensic evidence – chemical analysis must link the fatal agent to the alleged source; break in chain of evidence renders conviction unsafe.
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24 November 1984 |
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Conviction for poisoning quashed where forensic analysis failed to link the accused’s insecticide to the toxic agent causing death.
Criminal law – Murder by poisoning – Forensic evidence – Necessity of linking chemical composition of substance found in accused’s possession to toxic agent causing death – Circumstantial evidence and chain of proof.
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24 November 1984 |
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Conviction quashed where forensic analysis failed to link the accused’s thiodan to the fatal organo‑phosphorous poison.
Criminal law – murder by poisoning – forensic evidence – chemical composition mismatch between recovered insecticide (thiodan) and toxic agent (organo‑phosphorous) – broken evidential chain – conviction unsafe.
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24 November 1984 |
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24 November 1984 |
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24 November 1984 |
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Court upheld murder conviction based on credible eyewitness, dying declaration and s.34B statement; alibi rejected.
* Criminal law – Murder – Sufficiency of evidence – reliance on eyewitness testimony, dying declaration and statement under s.34B of the Evidence Act.
* Evidence – Credibility – assessment of eyewitness who did not immediately raise alarm; weight of dying declarations.
* Evidence Act s.34B – admissibility and probative value of a witness’ statement given before death.
* Criminal procedure – Alibi – when an alibi fails to raise reasonable doubt.
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24 November 1984 |
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Murder convictions quashed where eyewitness testimony was unreliable and contradicted by medical evidence.
Criminal law – Murder – Reliability of eyewitness evidence – Contradiction between eyewitness account and post-mortem findings – Identification evidence – Insufficiency of prosecution case dependent solely on unreliable witnesses.
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24 November 1984 |
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Appellants' murder convictions quashed where eyewitness testimony conflicted with medical evidence, rendering convictions unsafe.
Criminal law – Murder – Sufficiency of evidence – Credibility of eyewitnesses – Conflict between eyewitness testimony and post‑mortem/forensic evidence – Unsafe conviction – Appeal allowing quashing of convictions and death sentences.
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24 November 1984 |
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Appellants' convictions upheld based on reliable eyewitness identification and rejection of an untruthful alibi.
Criminal law – identification evidence – reliability of eyewitnesses seen by lamp and torchlight – familiarity with accused as neighbours – rejection of alibi – appellate review of credibility findings.
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24 November 1984 |
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24 November 1984 |
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Appeal dismissed: eyewitness evidence and wound pattern negated self-defence; trial misdirection held harmless.
Criminal law – Murder – Self-defence and provocation – Credibility of eyewitness – Fatal wound inflicted from behind inconsistent with claimed face-to-face self-defence – Trial misdirection harmless where evidence overwhelmingly supports conviction.
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24 November 1984 |
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24 November 1984 |
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24 November 1984 |
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24 November 1984 |
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Appeal allowed: conviction quashed where trial judge speculated on motive and improperly shifted burden regarding alibi.
Criminal law – identification evidence – reliability and assessors’ dissent; evaluation of evidence – improper sequential acceptance of prosecution case then testing defence; alibi – correct standard is whether it raises reasonable doubt; trial judge’s speculative findings on motive (witchcraft) without evidence prejudicial and renders conviction unsafe.
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24 November 1984 |
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Whether eyewitness identification and sightline discrepancies rendered the appellant’s murder conviction unsafe.
* Criminal law – Identification evidence – Reliability of eyewitnesses who identify the accused in dim light – Opportunity and ability to recognise attacker. * Evidence – Visual sightlines and sketch maps – effect of discrepancies between eyewitness testimony and police sketch map. * Criminal procedure – Trial judge’s directions to assessors – need to address vital disputed issues affecting credibility.
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24 November 1984 |
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Appellate court upheld murder conviction based on cogent eyewitness identification despite disputed sightlines.
Criminal law – murder – eyewitness identification – reliability of victim's wife's identification – corroborative testimony of other occupants – disputed sightlines and police sketch – appellate review of credibility.
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24 November 1984 |
| July 1984 |
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Neighbour eyewitness identification under lamp light was held reliable; alibi rejected and conviction upheld.
* Criminal law – Identification evidence – Night-time identification by neighbours under koroboi lamp held reliable where witnesses had opportunity and prior acquaintance with accused. * Criminal procedure – Alibi – Rejected where contradicted by investigating officer and villagers’ detention. * Appeal – Conviction upheld where trial judge’s credibility findings on identification were reasonable and safe.
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24 July 1984 |
| May 1984 |
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Extra-judicial confessions corroborated by evidence sustain murder convictions; circumstantial presence alone cannot sustain another conviction.
* Criminal law – Murder – Extra-judicial confessions – Corroboration by recovery of body parts and independent witness evidence. * Criminal law – Circumstantial evidence – Presence at drinking party and proximity of body insufficient alone to prove guilt beyond reasonable doubt. * Criminal law – Defence of provocation based on belief in witchcraft – not available where act was planned and deliberate.
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8 May 1984 |
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Premeditated hiring to kill supported by confessions and corroboration; mere presence and proximity do not prove participation.
* Criminal law – murder – sufficiency of circumstantial evidence – presence at drinking party and body found near homestead may admit innocent explanation and be insufficient to convict. * Criminal law – confessions and extra-judicial statements – corroboration by recovery of body parts and independent witness observation can sustain conviction. * Criminal law – provocation by belief in witchcraft – not a defence where conduct was premeditated and deliberate (malice aforethought).
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8 May 1984 |
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Circumstantial evidence, including blood-stain matching and the accused's silence, upheld a murder conviction and death sentence.
Criminal law – Murder – Circumstantial evidence – Sufficiency of cumulative inferences; Blood-stain evidence and blood group matching; Accused's silence and commentary by trial judge – permissible observations vs. improper burden-shifting; Evidence of injuries producing external bleeding.
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8 May 1984 |
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Circumstantial evidence, unexplained silence and blood-stain linkage upheld a murder conviction.
Criminal law – circumstantial evidence – last-seen-in-company, incriminating blood stains and evasive conduct as proof of guilt; burden of proof – comment on silence not equivalent to shifting burden; forensic blood-group evidence as corroboration.
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8 May 1984 |
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The appellant's appeal was dismissed: credible eyewitnesses proved intentional stabbing with the appellant's knife, not an accident.
* Criminal law – Murder v. accidental killing – requirement to prove intention to kill
* Evidence – credibility of eyewitnesses – assessment where eyewitnesses are cohabitants and a court-called witness
* Criminal procedure – appellate review of factual findings and credibility assessments
* Proof of weapon ownership and use – relevance to intention
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8 May 1984 |
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The appellant’s accidental/self‑defence claim rejected; court affirms murder conviction and dismisses appeal.
* Criminal law – Murder – Whether killing was intentional or accidental – Assessment of eyewitness credibility and knife ownership – Self‑defence claim considered and rejected.
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8 May 1984 |
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Appeal dismissed: provocation claim found fabricated given omissions in prior statements; self-defence untenable.
* Criminal law – Provocation – Whether alleged threats of witchcraft constitute provocation – credibility where earlier statements omit claimed provocation; admissibility of extra-judicial statements. * Criminal law – Self-defence – availability on the facts. * Evidence – omissions in prior statements as undermining later-defence claims.
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8 May 1984 |
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Trial court properly rejected provocation by alleged witchcraft threats; conviction and death sentence upheld.
* Criminal law – Murder – Defence of provocation – Alleged threats by witchcraft – credibility tested against earlier statements to police and justice of the peace.
* Criminal procedure – Admissibility and weight of extra-judicial statements – omission of material matters undermines credibility.
* Criminal law – Self-defence – availability tested against facts.
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8 May 1984 |
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Circumstantial evidence, credible eyewitness identification and medical proof affirmed conviction and death sentence for murder.
* Criminal law – Circumstantial evidence – Sufficiency of circumstantial proof to convict for murder.
* Evidence – Identification of skeletal remains by relatives and corroboration by medical evidence (skull cut from sharp instrument).
* Evidence – Credibility of eye‑witness who observed assault in daylight; weight of alibi where intended witness not called.
* Procedural – Non‑production of alleged exhibits and lack of motive not fatal where chain of circumstantial evidence is complete.
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8 May 1984 |
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Circumstantial evidence, reliable eyewitness identification and skeletal/medical proof upheld murder conviction; alibi rejected.
Criminal law — Murder — Circumstantial evidence — Eyewitness identification — Skeletal identification of deceased — Medical evidence of skull wound — Alibi and failure to call alibi witness — Non-production of weapon/exhibits not fatal where totality of evidence proves guilt.
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8 May 1984 |
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Appellant’s convictions upheld because multiple witnesses reliably identified him; parity reasoning for co-accused did not apply.
* Criminal law – Identification evidence – Sufficiency and reliability of identification by multiple material witnesses – Applicability of parity reasoning when co-accused quashed for identification defects.
* Appeals – Second appeal confined to questions of law – deference to concurrent factual findings on identification.
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8 May 1984 |
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Appeal dismissed: identification evidence distinguished the appellant from co-accused whose convictions were quashed.
Criminal law — Identification evidence — Second appeal limited to points of law — Parity of reasoning between co-accused not applicable where appellant was positively identified and his role described.
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8 May 1984 |