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Citation
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Judgment date
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| March 1981 |
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The appellant's conviction upheld where eyewitness testimony and recovered property proved guilt beyond reasonable doubt.
Criminal law – Housebreaking and theft – Eyewitness identification – Assessment of witness credibility by trial court – Recovery and identification of stolen property – Sufficiency of evidence and appellate review.
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31 March 1981 |
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Applicant's convictions for housebreaking and stealing upheld on credible pupil eyewitness and recovered property; appeal dismissed.
Criminal law – Housebreaking and stealing – Identification evidence – credibility of child/pupil eyewitness; recovery and identification of stolen property as corroboration; appellate review of magistrate's assessment of witness credibility.
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31 March 1981 |
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Appeal against conviction and minimum sentence for theft dismissed; identification evidence and magistrate’s credibility findings upheld.
Criminal law – theft from employer/railway – identification evidence and credibility of eyewitnesses – sufficiency of circumstantial evidence – application of statutory minimum sentence (three years).
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31 March 1981 |
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Failure of a different magistrate to re-take a prior plea does not vitiate trial where the accused was already properly arraigned by the Court.
Criminal procedure – arraignment – s.203(1) Criminal Procedure Code – "the Court" construed as institutional Court; prior arraignment by the Court sufficient when trial conducted by a different magistrate of same Court. Criminal procedure – omission to re-take plea – not fatal where accused has already been properly arraigned before the Court. Evidence – identification – identification in daylight by a known witness and corroboration can safely support conviction despite non-recovery of stolen property.
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31 March 1981 |
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Appeal on property division dismissed (wife’s inherited shamba held separate); adultery found and damages reduced to shs 750.
Family law – division of matrimonial property – distinction between matrimonial property and separate pre-marital inheritance – burden and credibility of evidence. Law of Marriage Act (s.58) – marriage does not alter ownership of property owned before marriage. Civil procedure – execution/sale of matrimonial property – procedural objections on appeal and primary court practice. Tort of adultery/compensation – liability for adultery and assessment/reduction of exemplary damages.
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31 March 1981 |
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Circumstantial evidence including fingerprint match and appellant’s coat at scene sufficiently proved guilt beyond reasonable doubt.
Criminal law – Circumstantial evidence – requirement that such evidence be consistent only with accused’s guilt and inconsistent with any innocent explanation – fingerprint identification and possession of items from scene as corroborative circumstances.
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31 March 1981 |
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Conviction unsustainable where stolen goods were found in another tenant’s room and possession by the appellant was not proved.
Criminal law – theft and breaking in – proof of possession – stolen goods recovered in a multi-tenant house – necessity to prove that the particular room belonged to accused or that accused had actual/recent possession – misdirection by trial court when equating house ownership/living there with possession of goods.
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31 March 1981 |
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Appeal dismissed: trial court’s credibility findings upheld and conviction for stealing by servant affirmed.
Criminal law – Stealing by servant – Evidence required to establish sale and possession of employer’s property; credibility of witnesses and probative value of contemporaneous written transaction (Exhibit P2). Criminal procedure – Appeal against conviction – appellate review of trial court’s credibility findings and evaluation of defence explanations. Sentencing – statutory minimum sentence not interfered with on appeal.
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31 March 1981 |
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The appellant's conviction for unlawful wounding was quashed because the prosecution evidence was insufficient and raised reasonable doubt.
Criminal law – unlawful wounding – sufficiency of evidence – reliance on uncorroborated complainant’s testimony – credibility assessment – reasonable doubt – appellate intervention to quash conviction.
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31 March 1981 |
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Appeal dismissed: eyewitnesses and police evidence established robbery, possession of pistol, and safe convictions.
Criminal law – Robbery with violence – Proof beyond reasonable doubt – reliance on eyewitness and police testimony; identification evidence and parade. Criminal law – Possession of offensive weapon – recovery of pistol, fresh injuries and capture support possession. Appeal – Safety of conviction – appellate court may uphold trial court’s credibility findings where supported by evidence.
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30 March 1981 |
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Recent possession of stolen cattle and an unsigned sale document failed to rebut presumption of guilt; appeal dismissed.
Criminal law – theft – recent possession as evidence of guilt; Evidence – documentary proof – unsigned document of sale has no evidential value; Burden and rebuttal – claimed purchase from third parties; Sentence – statutory minimum not readily appellate.
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30 March 1981 |
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Appellant failed to prove paternity of a child conceived before cohabitation; younger child’s custody remains with the mother.
Family law – Paternity – burden of proof where mother was pregnant before cohabitation; customary payments, registration and maintenance as evidence of paternity; custody – best interests of the child and presumption in favour of mother for young children.
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30 March 1981 |
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Identification in broad daylight and compliant police parade upheld convictions and concurrent sentences for impersonation and false pretences.
Criminal law – identification evidence – reliability of identification parade where six persons lined up – number of persons not necessarily fatal to conviction. Criminal law – offences – impersonation of public officer and obtaining money by false pretences – proof by identification and corroborative facts. Sentencing – concurrent terms – appellate interference only where sentence manifestly excessive.
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30 March 1981 |
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Long delay, lack of judgment proof and continuous possession led to dismissal of claim for cattle and land.
Civil evidence – claim for cattle and land – burden of proof on claimant; necessity of producing prior judgment to rely on it; delay in instituting proceedings weakens claim; continuous possession as evidential factor; right to cross-examination and procedural opportunity.
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28 March 1981 |
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Accused acquitted of murder but convicted of manslaughter due to lack of proved malice aforethought.
Criminal law – murder v manslaughter – necessity to prove malice aforethought; evidence – credibility of eyewitnesses despite inconsistencies and delayed reporting; alibi – requirement of corroboration; sentencing – youth and remand considered.
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26 March 1981 |
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Appellant failed to prove cruelty; her admitted adultery precluded relief under section 107(1)(a).
Matrimonial law – Divorce – Cruelty and neglect – Requirement of evidence and corroboration to establish irretrievable breakdown of marriage. Matrimonial law – Adultery – Effect of petitioner’s own adultery on entitlement to divorce under s.107(1)(a) Law of Marriage Act 1971. Evidence – Failure to call witnesses and closing case – adverse impact on proof of allegations.
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25 March 1981 |
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Documentary records and credible employer testimony defeated the applicant's unpaid-wages claim; appeal dismissed with costs.
Labour law – wage arrears and overtime claims; evidentiary weight of petty cash vouchers signed by claimant; credibility of employer’s treasurer (DW1); competence and compellability of witness; procedural objections to ex parte set-aside timing and unauthorised representation; appellate review of trial court’s findings on credibility.
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25 March 1981 |
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Unchallenged recent-possession and eyewitness evidence sustained a cattle-theft conviction; appeal dismissed.
Criminal law – Theft of cattle – recent possession and corroborating eyewitness evidence sufficient for conviction; right to silence and failure to challenge prosecution witnesses – appellate interference inappropriate where evidence is uncontradicted; sentence upheld as lawful.
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23 March 1981 |
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Appeal against conviction for missing government stores dismissed; court accepts stock audit and rejects appellant's handover/certificate defence.
Criminal law – evidence – proof of missing government stores by stock audit and witness testimony – handover certificate and keys – credibility of explanations – appeal dismissed.
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23 March 1981 |
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An omission in the charge did not prejudice the accused; conviction for giving false information was affirmed.
Criminal law – Offence of giving false information to a public officer; defective charge – omission of mental element; cure under s.346; credibility and delay in reporting; safety of conviction.
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23 March 1981 |
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Appeal dismissed: respondent had authority as caretaker and trial court rightly decided eviction on the merits.
Landlord-tenant — eviction — authority of caretaker to sue — evidence of agency/powers to litigate. Civil procedure — appellant’s right to have witnesses recorded — sufficiency of record to decide appeal. Alleged judicial bias — requirement of evidence that bias affected trial outcome. Relation of separate criminal allegations to civil eviction proceedings.
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21 March 1981 |
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Court affirmed robbery-with-violence convictions, finding identification and recovered property credible and defence unsubstantiated.
Criminal law – Robbery with violence – Identification evidence at dawn – credibility despite low light when the complainant knew accused. Criminal law – Circumstantial evidence – recovery of stolen property and proximity in time supporting conviction. Defence of lawful mission/possession of firearms – explanation rejected where unsubstantiated. Allegation of collusion with official – requires evidential support.
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20 March 1981 |
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Whether the accused stole a rifle and whether the identification and possession evidence sufficed to convict.
Criminal law – Theft – Alleged stealing of a rifle – Identification and possession evidence – Credibility and corroboration of witnesses – Circumstances of arrest and recovery of stolen property.
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19 March 1981 |
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19 March 1981 |
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Conviction quashed where employer permitted employee to house relatives, so no case to answer.
Criminal law – causing loss to employer – accommodation of relatives in company hotel – employer's permission – reliance on extraneous administrative directive – no case to answer – conviction quashed.
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19 March 1981 |
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An uncorroborated, retracted co-accused confession repeated by villagers cannot safely support another's conviction.
Criminal law – confession of co-accused – retracted confession – requirement of corroboration before convicting another accused; hearsay evidence – villagers repeating statements of co-accused insufficient to corroborate; unsafe conviction to be quashed where no independent evidence connects accused to offence.
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18 March 1981 |
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17 March 1981 |
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Court keeps custody with the mother and day-to-day care with the maternal grandmother; aunt given visitation rights.
Child custody – welfare of the child paramount; settled placement should not be disturbed absent compelling reason; credibility of parties; visitation rights for non-custodial relatives; encouragement of legitimization by father's side.
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16 March 1981 |
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Stay of execution refused where further delay would prejudice the respondent and encourage appellant’s delay.
Civil procedure — Stay of execution pending appeal — Previous stay granted and appeal dismissed — Further stay would encourage delay — Irreparable prejudice to respondent requiring immediate restoration of possession.
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16 March 1981 |
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Conviction for theft quashed due to unresolved inconsistencies and the trial magistrate’s failure to assess identification evidence.
Criminal law – Theft – Identification and chain of possession – Material inconsistencies and lacunae in prosecution evidence – Duty of trial magistrate to address gaps – Appellate intervention where doubts unresolved; benefit of doubt to accused.
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14 March 1981 |
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The appellant's admissions and corroborating witnesses established adultery; the appeal is dismissed and damages upheld.
Family law – Adultery – Proof by admission and circumstantial evidence – Presence in locked latrine and contemporaneous admissions establish adultery. Evidence – Corroboration – Testimony of meeting witnesses corroborating appellant's admission. Procedure – Assessors – Record shows assessors were consulted and gave unanimous opinion. Damages – Award upheld as not excessive.
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13 March 1981 |
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The appellants' theft/robbery conviction was unsafe; court substituted conviction for assault and reduced sentence.
Criminal law – Robbery vs theft – sufficiency of single eyewitness – unlawful search without warrant – assault as distinct offence – substitution of conviction and sentence on appeal.
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10 March 1981 |
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Conviction quashed where a material witness delivered judgment and the fine-option was imposed without inquiry into means.
Criminal law – neglect of official duty – adequacy of proof beyond reasonable doubt; Natural justice – nemo judex in causa sua – impropriety of a material witness/complainant delivering judgment; Sentencing – fine as option to imprisonment – requirement to inquire into accused's means so option is real and proportionate; Procedure – alternative charges and need for proper judicial disposition.
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9 March 1981 |
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7 March 1981 |
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Failure to prove delivery and quantities defeats claim against custodial host; appeal dismissed.
Bailment/safe custody – alleged delivery to custodian – requirement of proof of handover and custody; Evidence – burden to prove delivery and quantities of goods; Appellate review – upholding trial court where claimant fails to prove essential facts.
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6 March 1981 |
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Appellants’ convictions upheld where recent possession and witness credibility supported guilt; mandatory minimum sentence could not be reduced.
Criminal law – housebreaking and stealing – evidence – doctrine of recent/close possession – sale of allegedly stolen item shortly after burglary as proof of guilt. Criminal procedure – appellate review – assessment of witness credibility by trial magistrate – appellate court’s limited scope to interfere. Sentencing – Minimum Sentences Act 1972 s.4(1) – mandatory minimum sentence for housebreaking.
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6 March 1981 |
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Applicant's appeal against theft-by-servant conviction dismissed; sale receipt found not genuine and minimum sentence upheld.
Criminal law – Theft by servant – conviction under ss.265 and 271 Penal Code Evidentiary issues – evaluation of documentary evidence and credibility of a sale receipt Appeal – appellate court’s deference to trial magistrate’s findings of fact and credibility Sentencing – statutory minimum sentence upheld
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6 March 1981 |
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Appeal against robbery-with-violence conviction and minimum seven-year sentence dismissed; evidence credible, good-character defence rejected.
Criminal law – robbery with violence – sufficiency and corroboration of eyewitness evidence; defence of good character – weight and credibility; sentencing – statutory minimum sentence and appellate interference.
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6 March 1981 |
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Unsworn child's testimony corroborated by accused’s admissions sustains conviction; juvenile five‑year sentence unlawful and reduced to three years.
Criminal law – Cattle theft – Conviction based on child (unsworn) witness – corroboration required under Rule 15 of Magistrates' Courts rules. Corroboration – Accused's admissions and conduct (possession and transfer of stolen animals, failure to name alleged donor) may corroborate child testimony. Sentencing – Juvenile offender; Minimum Sentences provisions inapplicable to juveniles; unlawful sentence substituted.
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5 March 1981 |
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Convictions quashed where trial court omitted credibility assessment and prosecution failed to produce key documentary evidence.
Criminal law – stealing by person employed in public service – sufficiency and scrutiny of evidence; documentary proof required for money receipts; evaluation of witness credibility. Appellate review – power to re-evaluate evidence where trial judgment lacks assessment and convictions are unsafe.
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4 March 1981 |
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Reported
Criminal Law — Contempt of court — Failure by Police to obey -court order to return seized vehicles to owner — Whether offence committed— S. 114(I)(b) Penal Code.
Criminal Practice and Procedure — Contempt of Court — Object of proceedings for.
Criminal Practice and Procedure — Sentencing — Sentence imposed in excess of statutory maximum — Whether legal. |
4 March 1981 |
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Appeal challenges conviction for possession of suspected stolen goods where vendor’s receipts conflicted with parts of his testimony.
Criminal law – possession of property reasonably suspected to be stolen – evidential burden – credibility of vendor’s testimony and effect of discrepancies; cash sale receipts as evidence; appellate review of convictions based on conflicting testimony.
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4 March 1981 |
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Summary conviction for contempt quashed for procedural irregularity; disobedience should be charged under s.124 and sentence was unlawful.
Criminal law — Contempt of court — Summary cognisance under s.114(2) Penal Code — Requirement to frame and record charge, call accused to show cause and allow fair opportunity to reply — Proper charge for disobedience to court order is s.124 — Sentence imposed outside statutory limits.
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4 March 1981 |
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Appeal dismissed; court upheld that the appellant's goats damaged the respondent's crops and compensation was appropriate.
Torts/property damage – animals trespassing – liability for damage to crops; evaluation of witness credibility; failure to inspect locus not fatal to judgment; assessment of reasonable compensation.
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3 March 1981 |
Family Law Conversion of monogamous marriage into a polygamous one-Whether change of religion by one party to the marriage constitutes conversion. S 11(5) of the Law of Marriage Act, 1971.Ramiu er Parties living together near erroneous ej ina1 are legally married-Technical adultery. Family Law-Compensation or damages for adultery-Matters to be considered on computation. Family Law-Division of assets or dissolution of marriage. Family Law Custody of children-Welfare principle applicable |
3 March 1981 |
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Conviction for cattle theft quashed for failure to prove identification of the recovered cattle as the complainant’s.
Criminal law – theft – identification of stolen property; burden of proof – prosecution must prove ownership/identification of recovered property; standard: beyond reasonable doubt; appellate review where trial court overlooked material absence of evidence.
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2 March 1981 |
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Conviction for alleged store theft quashed where inventory records were unreliable and proof failed beyond reasonable doubt.
Criminal law – Theft by clerk or servant – proof of shortage – whether bin cards and cardex cards alone suffice without checking cash sale receipts. Evidence – contradictions between prosecution witnesses and failure of stock verifier to verify primary documents – effect on proof beyond reasonable doubt. Appeal – conviction quashed where prosecution failed to establish loss with moral certainty.
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2 March 1981 |
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Convictions for stealing by servant quashed for insufficient evidence; reliance on absent auditor’s report; sentences and compensation set aside.
Criminal law – Stealing by servant – Sufficiency of evidence – Reliance on audit report and absent auditor – Hearsay and failure of prosecution to adduce necessary oral evidence – Convictions quashed; sentences and compensation set aside.
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2 March 1981 |
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An equivocal plea and mismatch between the prosecution's facts and the charged offence rendered the applicant's conviction unsafe.
Criminal law – Pleas – Equivocal replies (e.g. "It is true") do not necessarily constitute an unequivocal plea of guilty; assent to clearly outlined facts may cure equivocality only if facts establish the charged offence. Criminal law – Evidence – Prosecution must adduce facts that correspond to the charge; a factual case of sale does not necessarily prove stealing by agent. Criminal procedure – Safety of conviction – conviction unsupported by State and founded on equivocal plea is unsafe and cannot stand. Remedy – Consideration of retrial versus quashing where conviction is unsafe (record incomplete on final order).
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2 March 1981 |
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Conviction for receiving stolen property quashed where trial judge wrongly shifted burden and accused's innocent possession was plausible.
Criminal law — Receiving stolen property — Possession and bona fides — Burden of proof remains on prosecution — Adverse inference from failure to call witness not justified where prosecution fails to disprove defence explanation — Unsafe conviction quashed.
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2 March 1981 |