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Citation
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Judgment date
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| July 1971 |
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An appellate court must record reasons to admit additional evidence and allow cross‑examination; failure vitiates the appeal decision.
Appellate jurisdiction – admission of additional evidence on appeal – requirement to record reasons under section 17 – right to cross‑examination – procedural irregularity vitiating appellate judgment.
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31 July 1971 |
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Conviction quashed for lack of cogent evidence; appellant discharged and repatriation to home town recommended.
Criminal law – Appeal – Insufficiency of evidence – Conviction unsafe where arresting witnesses did not testify and no explanation linked accused to stolen property; conviction quashed and accused discharged. Court recommendation – Repatriation of discharged offender with multiple prior convictions.
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31 July 1971 |
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Forfeiture orders invalid where magistrate fails to cite statutory authority and record reasons; produce returned to appellants.
Criminal law – statutory forfeiture – necessity to specify statutory authority for forfeiture; requirement to record reasons showing judicial application of mind; proportionality of penalties; appellate power to set aside defective or disproportionate forfeiture orders.
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30 July 1971 |
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Appeal against conviction for aiding a prisoner's escape dismissed; sentence increased from two to three years.
Criminal law – Aiding escape (s.117(1) Penal Code) – credibility of eyewitnesses – duty of prison warder – aggravating factors in sentencing; sentence increased.
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30 July 1971 |
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Appeal allowed where identification evidence was insufficient and conviction for robbery with violence was unsafe.
Criminal law – robbery with violence – identification evidence – adequacy and manner of identification – necessity to prove identity beyond reasonable doubt. Criminal procedure – appellate review – misdirection by trial magistrate regarding identification for which no evidence existed – conviction unsafe.
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30 July 1971 |
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Evidence established indecent assault, not attempted rape or robbery; convictions for robbery and attempted rape were quashed and substituted with indecent assault.
Criminal law – Attempted rape – distinction between acts of preparation and acts proximate enough to constitute attempt – need to undress or come sufficiently close to consummation. Criminal law – Robbery with violence – requirement for proof beyond reasonable doubt, effect of absence of recovered stolen property. Substitution of conviction – where evidence supports lesser offence of indecent assault.
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30 July 1971 |
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The stealing conviction and six‑month sentence are upheld, but the burglary conviction is quashed because the appellant was not a trespasser.
Criminal law – Theft – Sufficiency of evidence to support conviction where complainant identified property and accused failed to rebut evidence. Criminal law – Burglary (s.294(2)) – Element of unlawful entry/trespass; co‑occupant with lawful right of entry cannot be convicted of burglary on that basis. Sentencing – Six‑month sentence for stealing held not excessive; immediate release ordered where sentence already served.
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30 July 1971 |
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Conviction for night-time possession of housebreaking instruments upheld; sentence affirmed given compelling evidence and prior record.
Criminal law – possession of housebreaking instruments by night – proof beyond reasonable doubt based on witness evidence and circumstances of discovery. Evidence – burden and evidential onus where possession raises an inference; ultimate burden remains with prosecution. Sentencing – prior convictions and seriousness justify severe sentence; appellate court will not interfere absent excess.
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30 July 1971 |
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Failure to obtain medical evidence when accused appears of unsound mind and sentencing without required safeguards rendered continued detention unjustifiable.
Criminal procedure – section 164 Criminal Procedure Code – duty to inquire and order medical examination where accused appears of unsound mind; medical report as condition precedent to detention. Validity of plea – plea entered without medical evidence of fitness may be unsafe. Sentencing irregularities – failure to allow special circumstances and failure to determine age before corporal punishment under Minimum Sentences law. Relief – release where procedural defects and prolonged detention cause prejudice.
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30 July 1971 |
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Forfeiture of a recognizance requires an adjourned opportunity for sureties to show cause; a nominal penalty may replace an improperly imposed large forfeiture.
Criminal procedure – Forfeiture of recognizance – Section 131 Criminal Procedure Code – Where accused merely fails to appear court should adjourn to allow sureties to show cause – Immediate show‑cause hearing akin to ordering payment – Surety obligations and fairness – Substitution of nominal penalty.
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30 July 1971 |
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29 July 1971 |
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Elopement/abduction under customary law can constitute a valid customary marriage, obliging payment of customary bridewealth.
Customary marriage – elopement/abduction – effect of elopement under customary law; Proof of customary marriage – role of conduct and admissions; Appeal – appellate review of factual findings and customary law application; Assessment of bridewealth – reasonableness and credit for part payment.
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28 July 1971 |
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Recovery of bridewealth requires proof of divorce; leaving the marital home alone is insufficient.
Customary law — bridewealth (lobola) — repayment only if marriage dissolved; departure from marital home not equivalent to divorce; proof of dissolution required for recovery.
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26 July 1971 |
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Conviction for storebreaking quashed for lack of proof of breaking; substituted conviction for entering with intent and nine months' jail.
Criminal law – storebreaking (s.296(1)) – element of breaking must be proved; where absent conviction quashed. Substitution of conviction to entering with intent (s.295) under s.186 Criminal Procedure Code; identification evidence and recovery of property; sentence of nine months in absence of aggravating circumstances.
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23 July 1971 |
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Whether evidence established lack of due care in fatal bridge collision and whether owner-liability for vehicle defects was properly sustained.
Criminal law – Dangerous driving causing death v. careless driving – proof of lack of care and attention; emergency reaction and skid marks as exculpatory evidence. Criminal procedure – Competency of alternative/lesser conviction where original charge not proved. Traffic law – Liability of owner/registered keeper for permitting vehicle with defective springs, steering or horn to be used on public road; informal transfer does not relieve legal responsibility. Evidence – Credibility of vehicle inspector and relevance of physical evidence (skid marks, vehicle stopping distance).
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22 July 1971 |
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Conviction quashed where trial magistrate misdirected himself and applied incorrect test to accused’s explanation of possession.
Criminal law – Theft and possession of recently stolen property – Distinction between innocent possession, actual thief, and receiver – Proper legal standard for accused's explanation: whether it could probably be true – Misdirection by trial court may render conviction unsafe. |
22 July 1971 |
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Conviction reduced to receiving stolen property; two-year sentence upheld, corporal punishment and compensation set aside.
Criminal law – Distinction between theft (store breaking and stealing) and receiving stolen property; possession of a few stolen items months later supports receiving charge; credibility of police search and witness identifications; sentence modification – corporal punishment and compensation set aside when concurrent minimum sentence applies.
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21 July 1971 |
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Respondent proved ownership of cattle attached in execution; appeal dismissed for applicant's failure to rebut evidence.
Civil appeal – execution of decree – attachment of cattle – dispute over ownership; evidence of ownership (purchase tickets, vendor witnesses, brideprice witnesses); failure to cross-examine or lead rebuttal evidence; restoration of attached property; appeal dismissed with costs.
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20 July 1971 |
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Appeal allowed: duplicitous counts, insufficient evidence for indecent assault and theft, conviction quashed and sentence set aside.
Criminal law – duplicitous charges/double conviction; sufficiency and corroboration of evidence in indecent assault cases; mens rea for theft (intent to permanently deprive); duty of trial court to address crucial issues; appeal — unsafe conviction quashed.
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20 July 1971 |
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Convictions based on inadmissible hearsay and secondary evidence were quashed for lack of proof beyond reasonable doubt.
Criminal law – unlawful possession of government trophies; Evidence – inadmissible hearsay and secondary evidence; Evidence Act requirements for admitting statements/documents not produced; Burden of proof where defendant relies on Certificates of Ownership; False pretences and uttering documents – necessity to prove invalidity/exhaustion of permits.
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17 July 1971 |
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Appellant convicted for misappropriating insurance premiums; appellate court reduced excessive cumulative sentence and ordered restitution.
Criminal law – Receiving/misappropriation of insurance premiums by agent – evidence and conviction; Sentencing – multiple consecutive terms – appellate reduction and ordering concurrent sentences; Restitution to complainants ordered.
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17 July 1971 |
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Insufficient and inconsistent evidence (documents and interested witnesses) meant theft and false accounting convictions could not be sustained.
Criminal law – Theft by servant – standard of proof; documentary evidence and payroll discrepancies; reliability of interested witnesses; subsequent payment not necessarily indicative of guilt; linked false accounting charges fail if theft unproven.
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16 July 1971 |
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Appellant’s conduct and statements supported conviction for robbery by common intention; conviction and sentence upheld, compensation made immediately effective, forfeiture set aside.
Criminal law – Robbery – Common intention – Presence and conduct of accused leading to inference of joint intent; Evidence – Young witness – Duty of trial court under s.127(2) Evidence Act to test understanding of oath; Charging – Wrong statutory citation not fatal where particulars adequately inform accused; Property found on apprehension – Restoration under procedural provision.
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16 July 1971 |
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An unequivocal guilty plea and admitted facts sustain unlawful wounding conviction; 15‑month sentence upheld.
Criminal law – Unlawful wounding – facts admitted on plea of guilty – plea equivocality and effect on appeal. Criminal procedure – Hearing in absence – prisoner unable to travel – effect where plea and admissions are clear. Sentencing – appellate restraint – interference only where sentence is excessive or wrong in principle.
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16 July 1971 |
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Conviction for stealing by a public servant upheld on documentary evidence, admissions and witness corroboration.
Criminal law – Stealing by servant; Documentary evidence – duplicate exchequer receipts and cash book entries as proof; Credibility – admissions and witness corroboration; Sentence – applicability of Minimum Sentences Act 1963.
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14 July 1971 |
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Conviction under s.296 quashed; substituted with theft (s.265), sentence set aside and appellant released; exhibit returned.
Criminal law – Theft – Whether premises constituted a ‘building’ under s.296 – Evidence of recent possession supporting inference of theft – Substitution of conviction to a lesser offence (s.265) – Sentence varied having regard to time served and first offender status – Return of exhibit to complainant.
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13 July 1971 |
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Failure to call occupant undermined proof of house‑breaking; evidence nonetheless sustained convictions for entry with intent to steal and theft.
Criminal law – house‑breaking v. entering with intent to steal – failure to call occupant affects proof of secure premises; identification and recovery of stolen property supports conviction; sentencing in light of prior convictions; summary dismissal of frivolous appeal.
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12 July 1971 |
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11 July 1971 |
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Distinctive identification of stolen items and an implausible defence justified conviction and affirmed concurrent sentences.
Criminal law – Theft and housebreaking – Identification of stolen property by distinctive marks – sufficiency of evidence to prove ownership and identity. Credibility – rejection of improbable defence account and reliance on contemporaneous possession. Principle – possession of traced stolen goods with inconsistent explanation justifies inference of guilt (R v Evans). Sentencing – concurrent short custodial sentences held not excessive.
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9 July 1971 |
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Conviction for escape quashed because prosecution failed to prove the appellant was lawfully detained.
Criminal law – Offence of escaping lawful custody (s.116 Penal Code) – burden to prove lawful custody – evidential value of remand entries and related court records – credibility findings insufficient where essential element not proved.
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9 July 1971 |
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Appellants’ convictions upheld on credible identification evidence; corporal punishment set aside though imprisonment confirmed.
Criminal law – Identification evidence – sufficiency of opportunity to observe assailants; credibility of complainant and assisting witness. Criminal procedure – Appeal against conviction – appellate scrutiny of trial judge’s findings on fact. Sentencing – corporal punishment lawful but inappropriate when combined with lengthy imprisonment.
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9 July 1971 |
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Insufficient identification and unexplained circumstantial evidence undermined theft conviction; appeal allowed and appellant released.
Criminal law – Theft and unlawful entry – Identification of stolen property – Requirement for clear proof or distinctive marks; circumstantial evidence and receipts insufficient if innocent explanations not excluded; burden to prove guilt beyond reasonable doubt.
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9 July 1971 |
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Conviction for preventing execution of court process quashed where material discrepancy in evidence entitled appellant to benefit of doubt.
Criminal law – preventing execution of court process – credibility and material discrepancies in witness testimony – benefit of doubt – appellate intervention where trial court fails to address conflicting evidence.
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8 July 1971 |
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6 July 1971 |
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Appeal against unlawful wounding conviction dismissed; identification properly established and no merit in appeal.
Criminal law – Unlawful wounding (s.228 Penal Code) – Appeal – Standard of appellate review – credibility and identification findings by trial magistrate – when appellate court will not interfere.
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5 July 1971 |
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Appellate court dismisses conviction appeal, finding trial magistrate’s credibility and evidential findings sound.
Criminal appeal — credibility findings — appellate interference only where trial court’s conclusions are irrational or vitiated by misdirection — insufficient grounds to reverse conviction.
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5 July 1971 |
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5 July 1971 |
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A retrial was ordered where credibility findings were unsafe after only the respondent's witnesses were seen.
Civil procedure – trial procedure – calling of witnesses – duty of trial court to ask and record whether a party has further evidence when closing case; appellate fact‑finding and credibility – unsafe to decide credibility after observing witnesses for only one side; inspection of locus in absence of other party – risk of unfairness; retrial ordered.
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3 July 1971 |
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Appeal against conviction and sentence for theft dismissed; appellant’s unsupported claims of excluded defence evidence and excessive sentence rejected.
Criminal law – Theft from the person and possession of suspected stolen property – sufficiency and credibility of evidence. Criminal procedure – Appeal challenging alleged exclusion or non-recording of defence evidence – requirement for supporting affidavits or stronger evidence than bare assertions. Sentencing – Prior convictions and recent custodial release as relevant factors; manifest excessiveness standard.
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2 July 1971 |
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Preparatory acts that stop short of undressing do not constitute attempted rape but can amount to indecent assault; conviction substituted and release ordered.
Criminal law — Attempted rape — Distinction between preparation and attempt; undressing or immediate steps to consummate required for attempt — Preparatory acts may constitute indecent assault; substitution of conviction and release where sentence already served.
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2 July 1971 |
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Convictions for possession of illicit brew quashed where police identification by smell lacked proof of qualification.
Criminal law – unlawful possession of intoxicating liquor – identification of substance by smell – necessity of proving witnesses' qualifications or experience – burden of proof beyond reasonable doubt – convictions quashed where identification not established.
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2 July 1971 |
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Established provocation can reduce murder to manslaughter even if the retaliatory act was disproportionate.
Criminal law – Provocation as defence – Effect of disproportionality between provocation and retaliatory act; Reduction of murder to manslaughter; Admissibility of post‑mortem report under Evidence Act s.34(b); Intoxication as aggravating factor. |
2 July 1971 |
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Appellate court upholds burglary conviction and minimum sentence where evidence showed unlawful entry through roof and no invitation.
Criminal law – Burglary – unlawful entry through hole in roof – intention to steal; credibility findings of trial magistrate – appellate review; consensual entry/invitation issue; sentence review – minimum prescribed punishment.
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2 July 1971 |
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Convictions quashed due to unsafe identification of accused and of the stolen goods.
Criminal law — Identification evidence — Identification at night — witnesses must give descriptive detail and explain mode of recognition. Criminal law — Stolen property — goods must be identified beyond reasonable doubt; unmarked goods not to be lumped with marked ones absent proof. Procedure — Importance of adducing evidence of descriptions given to police. Fact of flight — running away alone is insufficient to establish guilt.
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2 July 1971 |