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Citation
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Judgment date
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| May 1979 |
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Appellate court upheld a theft conviction based on circumstantial and direct evidence and ordered correction of an indeterminate, conditional compensation order.
Criminal law – Theft – Circumstantial evidence and preparatory acts – inference of intent from conduct and timing of acts. Evidence – Weight of unsworn testimony and witness credibility – night-watchman’s account supports inference of theft. Criminal procedure – Absence of purchaser’s testimony not necessarily fatal where evidence of theft is otherwise sufficient. Remedies – Compensation orders must be specific as to value and must not be conditional on release or completion of sentence.
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30 May 1979 |
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Second appellant's theft conviction upheld on eyewitness identification and possession; first appellant's conviction quashed for insufficient evidence.
Criminal law – Theft (cattle) – Requirement that prosecution prove possession and identification beyond reasonable doubt – Eyewitness identification and proximity may establish possession. Evidence – Sufficiency of identification of stolen property and importance of credible witness testimony despite gaps regarding kraal ownership or precise count of animals. Appeal – Appellate court may uphold conviction even when the prosecutor does not support it, if evidence is sufficient. Criminal procedure – Conviction quashed where evidence fails to link accused to stolen property.
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30 May 1979 |
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The applicant failed to prove alleged damage; uncalled witnesses and unchallenged respondent testimony warranted dismissal.
Civil procedure – burden of proof – claimant must prove alleged acts causing damage. Evidence – failure to call key witness and lack of cross-examination weakens claimant’s case. Evidence – credibility of unchallenged respondent testimony and unanimous assessors’ opinion supports trial court findings. Appeals – appellate court will uphold trial court findings of fact when supported by credible evidence and assessors’ opinion.
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26 May 1979 |
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Appellate court dismissed challenge to conviction for grievous harm, finding eyewitness evidence sufficient.
Criminal law – Causing grievous harm (s.225 Penal Code) – Sufficiency of evidence and credibility of eyewitnesses – Appellate restraint in overturning trial court findings of fact and credibility.
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25 May 1979 |
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Appellate court upheld conviction for causing grievous harm based on credible eyewitness and medical evidence.
Criminal law – Offence: causing grievous harm under s.225 Penal Code; eyewitness credibility; medical evidence of fracture; sufficiency of evidence on appeal.
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25 May 1979 |
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Conviction quashed where lost-key, prompt reporting, and opportunity for others created reasonable doubt.
Criminal law – Theft by public servant – Burden of proof beyond reasonable doubt – Circumstantial evidence (sole possession of key) insufficient where accused reported loss and box remained accessible to others – Reasonable doubt established.
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25 May 1979 |
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Applicants' theft convictions quashed where evidence failed to prove missing stock or culpability.
Criminal law – theft by servant – sufficiency of evidence; proof of missing stock – role of ledger entries and physical stock-taking; negligence and failure to hand over duties versus theft; failure to call key witnesses and investigate alleged purchasers undermining prosecution case.
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24 May 1979 |
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Omission to record an accused's exact words when a not guilty plea is entered is not fatal; total non-remittance supports conviction.
Criminal law – Arraignment and plea-taking – omission to record accused's exact words when 'not guilty' entered – not fatal unless admissions are made; Criminal law – Theft by public servant – distinction between shortages and total non-remittance; convictions supported where amounts collected were wholly unaccounted for; s.196 Criminal Procedure Code – election for trial de novo.
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23 May 1979 |
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Possession and flight alone do not prove stealing; prosecution must establish theft beyond reasonable doubt.
Criminal law – Theft – Necessity for proof beyond reasonable doubt that property was stolen; possession and flight are suspicious but not conclusive. Criminal procedure – Evidence – Failure to prove ownership or dishonest taking fatal to stealing charge. Penal Code s.312(1) – Inapplicability where arrest was by a civilian and neither limb of subsection is satisfied.
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23 May 1979 |
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Burden of proof remains on prosecution; appellate court may substitute conviction when evidence proves original offence.
Criminal law – shopbreaking and stealing (s.296(1)) – receiving stolen property (s.311(1)) – burden of proof remains on prosecution – identification of stolen property – appellate reassessment and substitution of conviction – statutory minimum sentence.
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23 May 1979 |
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Appellate court substituted a shopbreaking conviction, holding burden of proof remains on the prosecution.
Criminal law – Burden of proof – remains on prosecution; Receiving stolen property – no onus on accused to prove innocence; Possession shortly after theft as evidence; Identification of stolen property; Substitution of conviction on appeal; Statutory minimum sentence for shopbreaking and stealing.
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23 May 1979 |
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Appellants' burglary and theft convictions upheld on evidence of recent possession; appeals dismissed.
Criminal law – Burglary and stealing – Evidence of recent possession – Use of confessions and recovery of stolen property to establish guilt – Appellate review of witness credibility.
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23 May 1979 |
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Conviction for stealing upheld on possession and identification evidence; three-year sentence affirmed.
Criminal law – Theft – Conviction based on possession and identification of stolen property; Alibi – credibility and court records undermining alibi; Sentence – severity not manifestly excessive, affirmed.
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22 May 1979 |
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Appellate court defers to trial judge on witness credibility and dismisses appeal; conviction and mandatory sentence affirmed.
Criminal law – theft by public servant – failure to account for proceeds of sale; Evidence – assessment of witness credibility; appellate deference to trial judge; Sentencing – mandatory minimum sentence applies.
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21 May 1979 |
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Where the applicant's age is doubtful, the doubt must be resolved in the applicant's favour, barring imposition of minimum sentence.
Criminal law – Sentencing – Minimum Sentences Act – age of accused – where age doubtful, doubt resolved in favour of accused. Criminal appeal – Review of sentence – erroneous application of mandatory minimum sentence where age uncertain. Evidence – medical report and charge-sheet discrepancies regarding accused’s age.
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21 May 1979 |
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Court upheld convictions for forgery and theft, finding appellants altered cash-sale receipts to obtain goods.
Criminal law – Forgery – alteration of cash-sale receipts to show incorrect quantity of goods. Theft and stealing by servant – delivery of goods in excess of paid quantity; liability where employee aids alteration. Evidence – credibility of documentary records (cashier's book) and attendant testimony outweighing accused's account. Sentencing – application of Minimum Sentences Act (s.5(d)) where value of stolen property exceeds statutory threshold. Remedies – compensation orders enforced immediately.
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21 May 1979 |
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First appellant’s theft conviction affirmed on identification and recent possession; second appellant’s conviction quashed for insufficient evidence.
Criminal law – cattle theft – identification of accused – evidence of witnesses who knew accused well.* Criminal law – doctrine of recent possession – presumption against person found in recent possession of stolen property without reasonable explanation.* Evidence – sufficiency – mere suspicion of a herdsman tending a large herd insufficient to ground conviction.* Sentencing – Minimum Sentences Act 1972 – statutory minimum upheld.
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18 May 1979 |
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Whether a deliverer whose delivery was acknowledged can be criminally liable for subsequent theft of the goods.
Criminal law – Theft by servant/public servant – Whether deliverer of goods whose delivery was acknowledged can be convicted for subsequent loss. Evidence – Proof beyond reasonable doubt – Failure to account for received goods and unsubstantiated claim of storage justifies inference of theft. Joint liability – Presence or employment alone insufficient; must prove assistance, encouragement or concerted action.
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18 May 1979 |
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Conviction quashed where prosecution failed to prove stealing by servant; evidential deficiencies warranted release.
Criminal law – Stealing by servant – Sufficiency of evidence – Prima facie case – Reporting of loss and absence of signs of forced entry – Evidence found elsewhere may not prove conversion by accused.
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18 May 1979 |
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Conviction quashed where facts did not show agent status required for corrupt transaction under statute.
Criminal law – Corrupt transaction (s.3(2) Prevention of Corruption Act) – Essential element of agency – Plea of guilty insufficient where facts do not disclose statutory offence.
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18 May 1979 |
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Appellate court quashed stabbing conviction due to unreliable prosecution witnesses and an improbable alibi.
Criminal law – Appeal – Credibility of alibi – alibi found improbable where alibi witness could not recall relevant events. Criminal law – Evidence – Witness reliability – material inconsistencies and apparent concealment by witnesses undermine prosecution case. Criminal law – Procedure – Failure to call material witness present at scene weakens prosecution and affects safety of conviction. Criminal law – Conviction unsafe – appellate court quashed conviction and set aside sentence.
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18 May 1979 |
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Appeal against careless‑driving convictions dismissed; consecutive licence disqualifications set aside so disqualification reduced to three years.
Criminal law – Road Traffic – careless driving causing death and bodily injury – sufficiency of evidence to prove careless driving beyond reasonable doubt; sentencing – licence disqualification orders where multiple counts arise from same act; concurrent sentences; appellate review of findings of fact and law.
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18 May 1979 |
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The appellant’s dangerous-driving conviction and sentence upheld; disqualification set aside for failure to afford show-cause opportunity.
Road Traffic Act – dangerous driving causing death – objective test of dangerousness; evidence of speed and absence of skid marks; sentencing; procedural requirement under s.27 – opportunity to show cause before disqualification.
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17 May 1979 |
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Fingerprint match plus possession of identified stolen property upheld conviction; sentence reduced to minimum as appellant treated a first offender.
Criminal law – Burglary and theft – Fingerprint identification – admissibility and uniqueness – Identification of exhibits by unique mark – Possession of stolen property as corroboration – Sentencing error in treating contemporaneous convictions as previous – Minimum Sentences Act 1972 – concurrent sentences.
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17 May 1979 |
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Intent is required for grievous harm; accidental injury during lawful corporal punishment does not sustain conviction.
Criminal law – Grievous harm (s.225 Penal Code) – Requirement of intention – Interaction with s.10 (accident) – Presumption of intent rebuttable; Corporal punishment regulations – permitted strikes to hands/buttocks – striking eye prohibited; Negligence insufficient for s.225, civil or alternative negligent offence may arise.
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17 May 1979 |
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Conviction and sentence for theft by a public servant upheld; compensation order set aside for failure to determine actual value.
Criminal law – Theft by public servant – Custody of government trophies – Evidence of witness observations and appellant's conduct as proof of theft. Evidence – Confession – Trial-within-a-trial – Voluntariness and admissibility of confession. Remedy – Forfeiture and compensation – Requirement to ascertain actual value of stolen property before ordering compensation.
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17 May 1979 |
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Appeal dismissed: evidence supported aiding and abetting obtaining money by false pretences; procedural irregularity cured; mandatory sentence upheld.
Criminal law – Obtaining money by false pretences – elements – fraudulent opening of bank account and withdrawal of funds. Criminal procedure – Section 206 CPC – accused’s right to make election to give evidence or make a statement; counsel speaking for accused. Criminal procedure – Section 346 CPC – curative provision for irregularities where accused was represented by counsel. Liability – aiding and abetting – instigation of fraudulent device and knowledge of unentitled recipient. Sentencing – Minimum Sentences Act, 1972 – mandatory custodial term and mandatory compensation.
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17 May 1979 |
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Owner’s bare identification suffices if undisputed; breaking-and-stealing as one offence curable, three-year minimum sentence upheld.
Criminal law – possession of stolen property – owner’s bare identification sufficient where ownership not disputed; Single offence – breaking into a building and committing a felony (s.296(1)) – improper to charge as two separate counts but irregularity curable under s.346 Criminal Procedure Code; Sentencing – appellate court cannot reduce statutory minimum sentence under Minimum Sentences Act, 1972.
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16 May 1979 |
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Possession of recently stolen goods without reasonable explanation sustains conviction for receiving stolen property; sentences adjusted under Minimum Sentences Act.
Criminal law – Receiving stolen property (s.311(1)) – Identification of stolen goods – Recent possession doctrine – Burglary and theft – Minimum Sentences Act 1972 – sentencing adjustment for prior conviction.
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16 May 1979 |
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Failure to re-take plea may void proceedings if prejudice to the appellant cannot be excluded.
Criminal procedure – failure by trial magistrate to take fresh plea or remind accused of charge – irregularity may be curable under section 346 Criminal Procedure Code if no failure of justice; prejudice assessed by whether accused knew and remembered charge at trial – retrial appropriate where prejudice cannot be excluded.
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16 May 1979 |
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Whether the applicant offered a bribe to secure relatives' release; conviction and sentence upheld.
Criminal law – corrupt transaction with an agent – offer of money to police to secure release of arrested relatives – proof by witness credibility. Evidence – assessment of witness credibility – family interest and caution in evaluating testimony. Procedure – alleged hostile witness and improper treatment on appeal – appellate review of credibility findings. Sentencing – application of statutory minimum sentence under the Minimum Sentences Act, 1972.
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16 May 1979 |
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Appellant properly convicted for cattle theft on recent possession and admission; mandatory five-year sentence upheld.
Criminal law – Cattle theft – Recent possession doctrine – Admission to police and corroborative witness evidence – Mandatory minimum sentence under the Minimum Sentences Act, 1972.
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16 May 1979 |
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Conviction for robbery quashed where single-witness identification in poor light and uncorroborated confession left reasonable doubt.
Criminal law – Robbery with violence – Identification by single eyewitness in poor light – caution required; Uncorroborated confession; conviction not proved beyond reasonable doubt; appellate quashing of conviction.
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16 May 1979 |
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Failure to comply with section 130 rendered spouses' testimony inadmissible; possession of stolen items proved but guilt not established beyond reasonable doubt.
Evidence Act (s.130) – spouse as witness – procedural safeguards and inadmissibility where subsection (2) not complied with. Criminal law – possession and identification of stolen property – proof by distinctive marks and admission. Circumstantial evidence – time lapse and limited recovery may weaken proof of perpetration or receipt beyond reasonable doubt.
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16 May 1979 |
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Appellant’s flight, concealment and unwrapping of goods supported conviction for stealing by agent; sentence upheld.
Criminal law – Stealing by agent (s.273(b), s.265 Penal Code) – evidence of conversion – inference from flight, concealment and unwrapping of goods – appellate review of findings of fact – sentence proportionality.
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15 May 1979 |
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Tampering with a store door constituted an attempt to break into a dwelling; conviction and minimum sentence upheld.
Criminal law – Attempted housebreaking – acts must go beyond mere preparation and be immediately connected to offence; evidence of tampering (scratches, loosened screws, screwdriver) sufficient; store forming part of dwelling – charge proper; Minimum Sentences Act – mandatory minimum sentence upheld.
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15 May 1979 |
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Possession of multiple stolen cattle raised a presumption of guilt, but a probable innocent explanation rebutted conviction.
Criminal law – theft – identification of stolen property – adequacy of identification of hides and live animals at trial. Criminal law – recent possession – two months’ delay held sufficiently recent where multiple stolen animals found. Evidence – accused need only give a probable innocent explanation to rebut presumption from recent possession. Penal Code s.311(1) – receiving stolen property – requires proof defendant knew property was stolen. Credibility – lapse of time and witness memory inconsistencies not necessarily fatal to accused’s defence.
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15 May 1979 |
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Conviction quashed where sole incriminating evidence came from an acquitted co-accused and unreliable witnesses.
Criminal law — Cattle theft — Conviction based solely on testimony of an acquitted co-accused and suspect witnesses — Appellate scrutiny of witness credibility — Unreliable/un corroborated evidence cannot sustain conviction.
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15 May 1979 |
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Appellate court quashed convictions where prosecution failed to identify property or establish a prima facie case; trial magistrate erred.
Criminal procedure – sufficiency of prosecution case at close of evidence – sections 205 and 206 Criminal Procedure Code – requirement to determine prima facie case before calling accused to answer; Evidence – possession of suspected stolen goods – need for proof of ownership/identification and clear locus; Trial conduct – improper ‘fishing’ for incriminating explanations by calling accused to explain.
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15 May 1979 |
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Conviction based on uncorroborated evidence of interested witnesses and inconsistent exhibits was held unsafe and quashed.
Criminal law – store‑breaking and stealing – conviction based on testimony of interested witnesses – need for caution and independent corroboration. Evidence – unexplained discrepancies in exhibits (missing tins, absent bag of powdered milk) – effect on safety of conviction. Appeal – unsafe conviction – quashing of conviction and setting aside sentence.
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15 May 1979 |
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Appellate court upheld cattle‑theft conviction where independent corroboration supported the prosecution; mandatory minimum sentence affirmed.
Criminal law – Cattle theft – conviction upheld where independent witness corroborated suspects' evidence; corroboration of accomplice/participant evidence required; Minimum Sentences Act 1972 – mandatory five‑year sentence.
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15 May 1979 |
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Fingerprint expert evidence upheld convictions; subordinate court exceeded sentencing powers, leading to reduced sentences.
Criminal law – burglary and theft – identification of stolen property – insufficiency of mere long-term use identification; fingerprint evidence and expert reports – proof of identity; sentencing – application of Minimum Sentences Act and effect of prior convictions; subordinate court sentencing limits – illegality of sentence exceeding statutory maximum.
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14 May 1979 |
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Convictions upheld; sentences reduced and appellants released due to juvenility and misapplication of the Minimum Sentences Act.
Criminal law – store‑breaking and stealing – evidence supports conviction where stolen goods found in accused’s room; appellate afterthoughts inadmissible when accused remained silent at trial; sentencing – juveniles and section 38 Penal Code discharge; Minimum Sentences Act 1972 inapplicable where age in doubt; sentencing discretion and mitigation in famine contexts.
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14 May 1979 |
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Convictions quashed because the district price officer lacked a gazetted delegation to control prices.
Criminal law – price regulation – Regulation of Prices Act No.19 of 1973, ss.20, 26 and s.10(5) – delegation of authority to district Assistant Price Commissioner must be gazetted. Plea – adequacy of particulars – use of term "Internal Meat" vs specific internal organs. Conviction – invalid where enforcing officer lacks legally delegated power.
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14 May 1979 |
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Appeal summarily dismissed and certified under s.317(1)(c) as lacking sufficient grounds after record showed conviction was correct.
Criminal law – Stealing from motor vehicle (Penal Code ss. 269(c), 265); Appeal – sufficiency of grounds; Summary dismissal and certification of frivolous appeal (Criminal Procedure Code s. 317(1)(c)).
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14 May 1979 |
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Conviction quashed where prosecution failed to prove alleged stolen items were found in the appellant's possession.
Criminal law – Burglary and theft – Identification of exhibits and chain of custody – Failure to show seized items to the search witness – Insufficient evidence makes conviction unsafe – Appeal succeeds; convictions quashed.
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14 May 1979 |
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A petitioner’s misconduct does not bar divorce if the marriage is irretrievably broken; gifts to wife are not recoverable.
Matrimonial law – s.107(1)(a) Law of Marriage Act – discretion to refuse or grant divorce where petitioner’s wrongdoing is sole ground; factors to weigh include children, prospects of reconciliation, unoffending spouse’s interests and public policy; adultery and marital misconduct as evidence of breakdown; gifts to wife are not refundable as bridewealth.
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12 May 1979 |
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Alibi contradicted and identification upheld; conviction and mandatory seven-year sentence for robbery affirmed.
Criminal law – robbery with violence – evidence of identification – reliability where witness knew accused and led militia to accused's lodging. Criminal procedure – alibi – contradiction by lodging witness undermines alibi. Sentencing – Minimum Sentences Act 1972 – mandatory minimum sentence upheld. Appeal – appellate review of conviction and mandatory sentence.
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11 May 1979 |
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Appellate court reduced excessive traffic sentences, ordered concurrent defaults and immediate release if no other lawful detention.
Traffic offences – driving while disqualified, driving defective vehicle, uninsured driving, failure to carry registration – sentencing review for excessiveness; appellate reduction of fines and default imprisonment; concurrent operation of default terms; immediate release where time served.
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11 May 1979 |
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Expert veterinary opinion and consistent circumstantial evidence upheld a cattle-theft conviction; weak night-time identification rendered a motorcycle-theft conviction unsafe.
Criminal law – theft – cattle theft – admissibility of expert opinion based on practical veterinary training – identification of hide as bull versus heifer – circumstantial evidence (hoof marks, blood, remains) establishing identity of stolen animal and thief. Criminal law – identification evidence – single witness at night – risk of unsafe conviction where witness did not see the act – inadequate corroboration by indistinct exhibits – conviction quashed as unsafe.
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11 May 1979 |