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Citation
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Judgment date
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| December 1977 |
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Appeal against multiple forgery and false-pretences convictions dismissed; evidence and sentences upheld.
* Criminal law – Forgery – Withdrawal forms and passbook entries – handwritten entries where procedure required typewritten entries raising suspicion.
* Criminal law – Obtaining money by false pretences – Pattern of unauthorized withdrawals and accused's opportunity and conduct.
* Evidence – Circumstantial and eyewitness evidence sufficient to convict despite absence of handwriting expert testimony.
* Sentence – Five-year concurrent sentences found not excessive.
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30 December 1977 |
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Appeal against burglary and stealing convictions dismissed; identification and recovered property supported convictions; refusal to call corroborating witness harmful to defence.
Criminal law – Burglary and stealing – Identification of stolen property found on accused and recovery of other stolen items as sufficient evidence; defendant’s refusal to call available corroborating witness weakens defence; convictions and concurrent sentences upheld.
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30 December 1977 |
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Appellants’ shooting in response to a colleague’s alarm in a robbery-prone area was a reasonable mistake; conviction quashed.
* Criminal law – Recklessness and negligence – Whether firing at a vehicle in response to a colleague’s alarm in a robbery-prone area amounts to gross recklessness.
* Criminal law – Mistake of fact/reasonable belief – Whether a reasonable but mistaken belief that occupants are robbers negates criminal liability.
* Appeal – Safety of conviction – Trial court’s assessment of recklessness and causation of danger reviewed and set aside.
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30 December 1977 |
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Appellate court upheld a teacher’s rape conviction of a pupil, finding the victim credible and confirming a 15-month sentence.
* Criminal law – Rape – Evidence and credibility – Victim and rescue witness credible; alibi rejected.
* Sexual offences – Teacher-pupil relationship – Abuse of position and vulnerability of minor pupil.
* Sentencing – Trial magistrate's sympathy criticised; fifteen months' imprisonment confirmed despite perceived inadequacy.
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30 December 1977 |
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Convictions unsafe where identification was doubtful due to darkness, intoxication and risk of associative identification.
* Criminal law – Identification evidence – Whether identity of accused established beyond reasonable doubt where conditions were unfavourable (darkness, intoxication). * Criminal law – Associative identification risk where complainant previously observed accused in related events. * Appeal – Convictions unsafe when identification is doubtful; convictions quashed and sentences set aside.
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30 December 1977 |
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Appellate court held job card did not fix shs. 3,500 as agreed payment; payment remains due on delivery; appeal allowed in part.
Civil procedure – interpretation of job card as contract term – whether job card showed agreed payment for labour and spares; appellate review of trial court’s finding; competency of memorandum of appeal signed by advocate; timing of preliminary objections to affidavit filing; costs not a penalty for delay.
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30 December 1977 |
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Conviction for stealing by servant upheld on credible eyewitness evidence; sentence reduced due to restitution and job loss.
Criminal law – Theft by servant (ss. 271, 265 Penal Code) – Sufficiency and credibility of eyewitness identification – Evidence of accomplice/participant – Sentence mitigation where property recovered and employment lost.
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30 December 1977 |
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The appellant's cattle-theft conviction was unsafe due to inadequate identification and the trial court's failure to inspect the disputed animal.
Criminal law – Theft – Identification of property – Sufficiency of colour and ear marks to establish ownership – Duty of trial court to inspect exhibits/animals to resolve disputed identification – Burden of proof beyond reasonable doubt – Unsafe conviction quashed.
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30 December 1977 |
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Appeal dismissed; court cannot order concurrency across separate trials and convictions entered on guilty pleas are not disturbed.
Criminal procedure – guilty plea and competence of appeal; sentencing – minimum sentences and limits of magistrate’s discretion; joinder of offences – prosecutorial discretion and consequences of separate trials; concurrency – statutory gap where convictions arise from different trials.
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30 December 1977 |
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Appeal challenging sufficiency of evidence about disputed payments dismissed; conviction and sentence upheld.
* Criminal law – appeal against conviction – evaluation of sufficiency of evidence and credibility findings – whether alleged ‘second’ payments were proved to have been made to or accepted by the appellant. * Criminal procedure – appellate review – interference with trial court’s factual and credibility conclusions. * Sentencing – lawfulness of sentence upheld.
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30 December 1977 |
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Unexplained possession of port-discharged goods by the vehicle’s driver established theft in transit; appeal dismissed.
* Criminal law – Theft in transit – Possession of goods found in vehicle under driver's control as evidence of theft.
* Evidence – Ownership established by port discharge documents and markings – links property to offence.
* Criminal law – Joint liability – distinction between driver (in control) and passenger (benefit of doubt).
* Sentencing – Proportionality – sentence upheld given value of stolen property.
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30 December 1977 |
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Auditor's unreliable accounting led court to substitute conviction for theft of Sh. 1370/= and reduce sentence to three years.
* Criminal law – theft by public officer – evidentiary sufficiency of audit reports and arithmetic accuracy – substitution of conviction for lesser amount; sentencing – reduction of excessive term to statutory minimum.
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30 December 1977 |
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Appellate court substituted a conviction for theft of Shs 1,370/= and reduced an excessive five-year sentence to three years due to unreliable audit evidence.
* Criminal law – Stealing by public servant – Sufficiency of evidence to prove misappropriation of government funds; reliability of audit reports and arithmetic accuracy. * Criminal appeal – Substitution of conviction for lesser offence where evidence supports smaller sum. * Sentencing – appellate reduction of an excessive sentence to minimum term.
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30 December 1977 |
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Appeal dismissed: conviction and five-year sentence for shopbreaking and stealing upheld for sufficient evidence and proper identification.
Criminal law – shop breaking and stealing – identification of stolen property – sufficiency of evidence – silence of accused – sentence appropriateness – previous convictions.
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30 December 1977 |
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The appellant's grievous-harm conviction was overturned because he lawfully resisted unlawful dispossession of meat.
Criminal law – Grievous harm – Whether injury resulted from assault or fall – Lawful resistance to unlawful dispossession – Claim of right to property (meat) – Private apprehension of felony – Trial magistrate's failure to consider defence of claim of right – Conviction quashed.
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30 December 1977 |
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Appellate court upheld conviction for possession of suspected stolen property, finding trial evidence credible and sufficient.
Criminal law – Possession of suspected stolen property – Sufficiency of evidence and credibility findings – Admissibility of confession to militiaman – Appellate review of trial court’s factual findings.
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30 December 1977 |
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Appellate court affirms housebreaking and stealing convictions, finding eyewitness and possession evidence sufficient to prove guilt.
Criminal law – housebreaking (s.294(1) Penal Code) and stealing (s.265 Penal Code) – sufficiency of evidence; eyewitness identification; possession of recently stolen property; unsworn statement alleging coercion not displacing credible prosecution evidence.
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30 December 1977 |
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Appellate court quashed appellant's conviction as unsafe where evidence against co-accused was stronger.
Criminal law – stealing by servant; sufficiency of evidence; comparative weight of evidence against co-accused; unsafe conviction principle on appeal; appellate intervention where co-accused’s conviction quashed.
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29 December 1977 |
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Appellate court quashed the appellant's conviction as the evidence against him was weaker than against the co-accused.
Criminal law – Stealing by servant – Sufficiency of evidence – Conviction unsafe where co-accused’s conviction quashed and evidence against appellant is weaker.
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29 December 1977 |
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Appellate court upheld conviction for stealing by servant; procedural omissions curable and evidence proved guilt beyond reasonable doubt.
* Criminal law – Stealing by servant – evidence and admissions supporting conviction under sections 271 and 265 Penal Code. * Criminal procedure – Incomplete record/omission as to sections 192 and 206 CrPC – curable under section 346 CrPC where no miscarriage of justice occurs. * Sentencing – application of Minimum Sentences Act, 1972; prescribed minimum sentence upheld.
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29 December 1977 |
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Appeal allowed where sole prosecution witness’s implausible account made conviction for theft of cash unsafe.
* Criminal law – Theft – Assessment of credibility where prosecution relies on a single witness – conviction unsafe if witness’s account is weak or implausible.
* Criminal procedure – Appellate review – quashing conviction where magistrate’s preference lacks compelling reasons.
* Charging – distinction between theft of goods and theft of money where evidence points to unpaid goods.
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27 December 1977 |
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Conviction quashed where sole prosecution witness’s account was unreliable and the appellant’s denial was plausible.
Criminal law – Appeal – Sufficiency and credibility of evidence – Preference of witnesses – Single prosecution witness – Where evidence weak and suspect, conviction quashed. Criminal law – Proper characterisation of offence – Theft of goods versus theft of money.
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27 December 1977 |
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Appeal dismissed: primary court’s jurisdiction and credibility findings for the respondent affirmed; assessor and procedural objections unfounded.
* Civil procedure – second appeal – appellate restraint on factual findings and witness credibility absent misdirection.
* Assessors – complaint of assessor relationship – objection must be raised at trial; trial properly constituted with magistrate and two assessors.
* Jurisdiction – primary court stations within same district share concurrent jurisdiction (Magistrate’s Courts Act s.9.4(1)).
* Alternative dispute resolution – no mandatory referral to conciliatory board for ordinary civil claims (except matrimonial matters).
* Evidence – corroborating witness elevated claim above mere preponderance; appellate court will not interfere.
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27 December 1977 |
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Prosecution proved certificates forged; headmistress's oral evidence credible; custodial sentence for Employment Ordinance offence unlawful and substituted.
* Criminal law – Forgery/uttering false documents – burden of proof and assessment of documentary and oral evidence; credibility of institutional witness. * Evidence – sufficiency of oral testimony to establish institutional records and authenticity where documentary proof absent. * Sentencing – limits of sentencing under Employment Ordinance (s.152 and s.154): fine for first offence; imprisonment only in default.
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23 December 1977 |
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Appellant’s admissions and post-offence conduct proved theft by servant; conviction and two-year sentence affirmed.
* Criminal law – Theft by servant – sufficiency of evidence – admissions and post-offence conduct as corroboration – credibility findings – appellate deference to trial court on facts.
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23 December 1977 |
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Appellate court upheld conviction for theft by servant, finding admissions and post-offence conduct proved guilt beyond reasonable doubt.
* Criminal law – Theft by servant – Sufficiency of evidence to prove theft beyond reasonable doubt – Admission of partial taking and subsequent conduct as probative. * Credibility – Appellate review of magistrate’s findings of credibility; when inferences from conduct justify conviction. * Defence raised: alleged threat and alleged extortion of bank pass-book – improbability and lack of contemporaneous complaint.
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23 December 1977 |
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Conviction for housebreaking upheld but sentence reduced because age uncertainty precluded application of the Minimum Sentences Act.
* Criminal law – Housebreaking – conviction based on credibility of eyewitness evidence – appellate deference to trial magistrate's findings. * Sentencing – application of Minimum Sentences Act contingent on offender's age – benefit of doubt where age proof is inconclusive. * Procedure – trial magistrate's duty to record findings after scene inspection; need to put previous convictions to accused.
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23 December 1977 |
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Transporting paddy without a permit was not an offence on the date in question; conviction and forfeiture quashed.
* Criminal law – transport control of agricultural products – whether paddy was covered by subsidiary legislation on the date charged – application of Interpretation of Laws and General Clauses Act s.15.
* Statutory interpretation – effect of repeal and re‑enactment on subsidiary legislation.
* Procedure – improper practice of allowing prosecutor to be heard on sentence in subordinate courts.
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23 December 1977 |
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Appeal against theft conviction upheld for sufficient evidence; corruption conviction quashed for reliance on uncorroborated accomplice evidence.
* Criminal law – Theft from the person – sufficiency of evidence and sentence review – conviction and two-year sentence upheld.
* Corruption – corrupt transaction with an agent – accomplice evidence and need for independent corroboration – unsafe to convict where record and credibility are defective.
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22 December 1977 |
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Sentences for related thefts arising from the same transaction must run concurrently; convictions and compensation upheld.
* Criminal law – Stealing by person employed in public service – Evidence of shortages of society produce and unexplained private sales as basis for conviction. * Criminal law – Attempts to bribe witnesses/officers as evidence of consciousness of guilt. * Sentencing – Where offences arise from same transaction(s) sentences must run concurrently, not consecutively.
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22 December 1977 |
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No civil liability for defence costs where the State prosecutes; private, malicious prosecution required for such claims.
Criminal procedure – initiation of prosecution by private complaint – distinction between private prosecution and State prosecution – civil liability for costs of accused after acquittal – requirement of unreasonable or malicious conduct by private complainer.
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22 December 1977 |
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Conspiracy conviction quashed after co-accused acquittal; attempted theft substituted with attempt to obtain money by false pretences and overall three-year term.
Criminal law – Conspiracy to defraud – Conviction cannot stand where only alleged co-conspirator is acquitted and no other conspirators are alleged; Attempted theft vs. attempting to obtain money by false pretences – preparatory acts insufficient for attempted theft; Evidence – bank employees’ testimony supports convictions for false documents and fraudulent accounting; Sentencing – concurrent sentences resulting in three-year effective term.
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22 December 1977 |
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Appeal dismissed: conviction and sentence for theft upheld after court finds the robbery report was fabricated and compensation order valid.
* Criminal law – Theft – Whether circumstantial and eyewitness evidence supported conviction for stealing where a reported robbery appeared fabricated. * Criminal procedure – Credibility of accused's report to police and in-court account. * Sentencing – Whether a fine of Shs. 1,000 or six months' imprisonment was excessive. * Restitution/compensation – Upholding award to complainant.
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22 December 1977 |
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Reliable identification and uncorroborated alibis led to dismissal of appeals and confirmation of two-year sentences.
* Criminal law – Identification evidence – Reliability where complainant knew accused and walked with them prior to assault – Alibi – corroboration required for credibility – Sentence confirmation for assault causing actual bodily harm.
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21 December 1977 |
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Failure to produce a receipt is not by itself proof of unlawful acquisition; conviction quashed for insufficient evidence.
Criminal law – Conveying property suspected to be unlawfully acquired (Penal Code s.312(1)(a)) – Evidentiary value of failure to produce receipt or ownership documents – Appellate review of sufficiency of evidence.
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21 December 1977 |
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Appellate court quashed conviction for unlawful acquisition where possession without receipts, coupled with a plausible explanation, failed to prove guilt.
Criminal law – unlawful acquisition of property (s.312 Penal Code) – possession and absence of receipts – failure to produce documents not conclusive proof of guilt when a plausible explanation is given.
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21 December 1977 |
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The applicants' convictions, founded on circumstantial evidence allowing innocent explanations, were unsafe and quashed.
* Criminal law — Circumstantial evidence — conviction unsafe where circumstances admit reasonable innocent explanations. * Criminal law — Conduct of making good loss — not necessarily a confession to theft. * Evidence — benefit of doubt — prosecution must exclude all reasonable hypotheses of innocence.
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20 December 1977 |
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Circumstantial evidence and replacing missing funds did not exclude reasonable doubt; convictions quashed.
Criminal law – Circumstantial evidence – Whether circumstantial evidence excluded reasonable doubt – Acts to replace missing property – Whether replacing missing funds constitutes a confession – Appeal against conviction where prosecution does not support conviction.
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20 December 1977 |
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A transfer in breach of an attachment order cannot confer good title; seizure in execution is lawful, purchaser’s remedy is against the seller.
* Civil procedure – Attachment orders – Effect of court attachment on third‑party dealings; transfer made in defiance of attachment cannot vest good title. * Property law – Bona fide purchaser – Limits where seller’s property is subject to judicial process; purchaser’s remedy is personal claim against seller. * Execution – Lawful seizure of attached property to satisfy judgment.
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20 December 1977 |
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Appeal dismissed where court found appellant's admission of intercourse voluntary and lower courts' findings properly supported.
Criminal/tort: deflowering and pregnancy damages; voluntariness and admissibility of admissions/confessions; appellate review of factual findings; assessment of evidence by primary and district courts.
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20 December 1977 |
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Appeals dismissed: accomplice evidence properly corroborated; audit reduced proven theft to 133 bags though sentence found excessive.
* Criminal law – theft and housebreaking – corroboration of accomplice evidence – identification of recovered property. * Evidence – quantification of stolen goods where records and acknowledgement vouchers conflict – reasonable inference from unaccounted balance. * Sentencing – manifestly excessive sentence where proven quantity is lower than convicted quantity.
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19 December 1977 |
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Second appellant's robbery conviction upheld; first appellant's robbery conviction quashed and reduced to common assault, with release ordered.
Criminal law – robbery with violence – essential element that violence or threat must be committed for purpose of stealing – where assault is unconnected with taking, conviction for robbery unsafe; evidence of being caught red‑handed supports robbery conviction.
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19 December 1977 |
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Recent possession and reliable identification upheld conviction; mandatory Minimum Sentences Act term applied; appeal dismissed.
Criminal law – identification of property and accused; recent possession doctrine; housebreaking and theft; evidence – credibility of witness identification; sentencing – Minimum Sentences Act s.5(a) and prior convictions; appellate review of credibility findings.
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19 December 1977 |
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Complainant’s identification and bite injury corroboration upheld; mandatory minimum sentences applied and appeal dismissed.
* Criminal law – identification evidence – prior acquaintance, in-field identification and corroborative physical injury support reliability; mistaken identity excluded. * Criminal law – robbery with violence and burglary – statutory mandatory minimum sentences; appellate interference precluded.
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19 December 1977 |
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Appeal dismissed: claimant need not call witnesses of visits; alleged father must rebut secretive meeting evidence, ordered to pay costs.
Affiliation proceedings — proof of paternity/maintenance — claimant need not call witnesses to prove secret visits — burden on alleged father to rebut — secrecy of illicit meetings considered in assessing evidence.
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17 December 1977 |
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The appellant’s convictions for false document, false pretence and destroying evidence were upheld; appeal dismissed.
Criminal law – Uttering a false document; False pretences – Attempt to obtain goods by false representation; Destruction of evidence – Recovery and use of torn receipt as proof; Sentence review – concurrency and consecutiveness; Appeal – sufficiency of evidence.
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16 December 1977 |
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Conviction for cattle theft quashed where the evidence was tenuous and insufficient to prove guilt beyond reasonable doubt.
Criminal law – cattle theft – sufficiency of evidence – identification and corroboration – evidence given after prosecution closed – safety of conviction.
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16 December 1977 |
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Conviction for cattle theft quashed where prosecution's evidence was tenuous and did not prove guilt beyond reasonable doubt.
Criminal law – cattle theft – sufficiency of evidence – reliability of after-the-fact corroboration – unsafe conviction – appellate intervention to quash tenuous evidence.
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16 December 1977 |
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Admissible duplicate receipt books and credible witness evidence upheld theft convictions; acquittal for destroying evidence did not affect theft findings.
Criminal law – theft by public servant – admissibility of duplicate receipt books under Evidence Act s.67(1)(a)(i) where originals appear in accused's possession; distinction between offence of destroying evidence (mens rea) and theft; requirement that exhibits be produced from proper custody.
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14 December 1977 |
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Attempted suicide conviction upheld; stealing conviction overturned for insufficient, confusing accounting evidence and sentence reduced to time served.
* Criminal law – Attempted suicide – conviction upheld where appellant admitted overdose and surrounding circumstances supported attempt.
* Criminal law – Stealing by public servant – conviction unsafe where prosecution’s accounting evidence was confused, incomplete and failed to prove loss or link it to accused.
* Evidence – Auditor’s figures must clearly identify loss and causal link to theft; otherwise conviction cannot stand.
* Sentence – appellate reduction to account for time already served when conviction or sentence is unsafe or excessive.
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14 December 1977 |