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Citation
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Judgment date
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| December 1981 |
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Appeal dismissed: conviction and three-year sentence upheld for dishonestly claiming duplicate government night allowances.
* Criminal law – Theft/obtaining money by false pretences – Claiming duplicate government allowances – Evidence of voucher and witness identification – Failure to prove refund – Conviction under s.265 Penal Code.
* Sentencing – Minimum sentence under Minimum Sentence Act – three years upheld.
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31 December 1981 |
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Conviction for stealing by servant upheld where accounting records and managerial responsibility established despite documentary challenge.
Criminal law – Stealing by servant (Penal Code ss. 271, 265); Sufficiency of evidence – employer accounting records and managerial responsibility; Documentary evidence – challenge to correctness and probative value; Appeal – conviction and sentence upheld.
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30 December 1981 |
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Conviction for stealing from a person quashed due to inadequate identification of the stolen money and insufficient circumstantial proof.
* Criminal law – Stealing from the person – Identification of stolen property – Similarity in currency denominations insufficient to identify stolen money. * Criminal law – Circumstantial evidence – Must exclude reasonable hypothesis of innocence and prove guilt beyond reasonable doubt.
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30 December 1981 |
Civil Practice and Procedure - Functus officio - When a tribunal becomes functus officio |
30 December 1981 |
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Convictions quashed where evidence merely aroused suspicion; possession of cash and village ammunition not proven unlawful.
Criminal law – sufficiency of evidence – convictions based on suspicion insufficient; Night watchman asleep on duty – not inherently improbable; Unlawful possession – need to prove linkage to statutory offence, mere breach of village regulation insufficient; Theft – requirement to trace recovered cash to stolen money.
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30 December 1981 |
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Appeal allowed where prosecution failed to prove identity/ownership of allegedly stolen goods beyond reasonable doubt.
Criminal law – stealing by servant – circumstantial evidence – proof of identity and ownership of alleged stolen property – suspicion and absence from post insufficient to prove guilt beyond reasonable doubt.
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30 December 1981 |
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Conviction quashed where facts showed breach of contract, trial misdirected and witness-credibility warnings omitted.
Criminal law – Cattle theft v. breach of contract – Misconceived charge; burden of proof – impermissible shifting by considering defence first; credibility – caution required where prosecution witnesses are closely related to complainant.
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29 December 1981 |
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Reported
Magistrate's Courts Act 1963 — Representation in Primary Court — Whether opposite party may object — S. 29(2).
Magistrate's Courts Act 1963 — Representation in Primary Court — Meaning of "relative" — Whether members of same clan relatives — S.29(2).
Magistrate's Courts Act 1963 — Representation in Primary Court — "Any member of the household of and Party" — Meaning of Magistrate’s Courts Act 1963 — Representation in Primary Court~ Interpretation of S.29(2) — Whether "professional cadre" allowed. |
28 December 1981 |
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Appeal dismissed: disputed land was part of deceased father's estate and must be distributed under Islamic law among heirs and widow(s).
Land law — ownership dispute — evaluation of contradictory oral evidence — trustee/caretaker versus owner; Islamic inheritance — intestate succession of Muslim deceased — heirs and widow(s) entitled; appellate review — failure of lower courts to resolve contradictions; appeal dismissed, estate to be distributed under Islamic law.
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27 December 1981 |
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Appellate court upheld concurrent factual findings that the respondent felled trees on his shamba and dismissed the appeal with costs.
Land dispute – boundary location between adjoining shambas – whether felled trees belonged to appellant or respondent – weight of concurrent findings and magistrate’s site inspection – appellate reluctance to disturb findings of fact.
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23 December 1981 |
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Convictions quashed where auditors' report and bank statements were inconclusive and raised reasonable doubt.
Criminal law – Forgery and stealing by public servant – sufficiency of auditors' report and bank statements as evidence – accounting practices (omnibus receipts) and reasonable doubt.
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23 December 1981 |
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Appeal against robbery conviction based on accomplice's evidence dismissed; conviction and 7½-year sentence affirmed.
* Criminal law – Robbery with violence – Conviction founded on evidence of a co-accused who pleaded guilty – Credibility of accomplice witness – Appellate review of credibility findings.
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23 December 1981 |
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Respondent cannot redeem a shamba sold in 1963 after sixteen years; appeal allowed and ownership confirmed for the appellant.
Land law – redemption of clan shamba; validity of sale by a relative without authority; limitation/time for redemption of sold clan land; appellate review for failure to evaluate material evidence.
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22 December 1981 |
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Applicant's purchase established; respondent's hearsay rejected; trial judgment restored with costs.
Land title – proof by oral purchase with witnesses – minor contradictions over time do not necessarily destroy credibility; hearsay evidence lacks weight; appellate review of factual findings and credibility.
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21 December 1981 |
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A Christian monogamous marriage cannot be converted to polygamy; a third party cohabiting with the married man may be liable for damages.
Family law – Marriage in Christian form – Monogamous marriage not convertible to polygamy under s.11(5) Law of Marriage Act 1971 – Adultery – Third party liability – Damages under s.72(1) Law of Marriage Act 1971.
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21 December 1981 |
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Redemption of a clan shamba is time‑barred unless the redemption application is lodged within three months of the sale.
* Land law – Redemption of clan shambas – Time limit for redemption – Redemption only permitted where application lodged within three months of sale (precedent applied).
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21 December 1981 |
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Long undisturbed use of ancestral land by one brother does not preclude its division among lawful heirs.
* Succession and intestate distribution – land forming part of deceased's estate – entitlement of lawful heirs to partition. * Possession and occupation – long continued use by one heir does not confer exclusive ownership against co-heirs. * Conditional family arrangement – contingent gift to subsequently-born male child ineffective when condition unfulfilled.
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21 December 1981 |
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Concurrent findings that the disputed shamba was bequeathed to the respondent were upheld; appeal dismissed with costs.
* Land law – dispute over ownership of shamba – whether bequest validly conferred ownership – deference to concurrent findings of fact by trial and appellate courts; appeal dismissed with costs.
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20 December 1981 |
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Second appeal allowed: transfer of cow held to be bailment not gift; appellate reversal was unjustified, appeal allowed with costs.
Property dispute – ownership of cattle – bailment versus gift – significance of returning offspring as evidence of non-gift – appellate review for misapprehension of evidence.
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20 December 1981 |
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Reported
Customary Law — Will — Requirements for Validity of a will issued by an illiterate person. |
20 December 1981 |
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Belated challenge to a decades-old estate distribution is barred where the claimant previously received his share and unduly delayed.
Inheritance dispute – prior distribution of intestate estate – delay/laches – whether long delay after receipt of share bars challenge – appellate review of factual findings and credibility.
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20 December 1981 |
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19 December 1981 |
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Delay by the lower court justified extension of time to appeal, despite inability to assess the appeal's prospects.
Extension of time to appeal; delay caused by lower court's failure to furnish judgment; requirement that intended appeal shows prospects of success; discretion where record is unavailable.
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18 December 1981 |
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Appeal dismissed: convictions for possession of suspected stolen property and corrupt transaction upheld on sufficient evidence.
Criminal law – possession of property suspected to be stolen (s312(1)(a) Penal Code); Prevention of Corruption Act (s3(2)) – corrupt transaction with an agent; search and seizure; credibility of witnesses; sufficiency of evidence on appeal.
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15 December 1981 |
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Reported
A medical certificate preventing corporal punishment invokes s.16, allowing the sentencing court to revise or remit the sentence.
Corporal punishment – medical certificate under s.15 – prevention of execution – s.16 revision by sentencing court – discretion to remit or convert to imprisonment – juvenile and medical unfitness.
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15 December 1981 |
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Identification evidence sufficient and appellants' defence rights preserved; appeal dismissed despite facts suggesting attempted robbery.
* Criminal law – identification evidence – prior acquaintance, torch illumination and proximity during assault held sufficient for positive identification.
* Criminal procedure – right to defend – accused who give sworn statements and raise alibi cannot successfully claim denial of defence.
* Substantive charge – facts pointing to attempted robbery; prosecutor framed lesser charges.
* Sentencing – minimum statutory sentence under the Minimum Sentences Act upheld; trial court's lenient wound sentence not disturbed.
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15 December 1981 |
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Appeal dismissed: trial court's acceptance of eyewitness credibility and conviction for unlawful wounding upheld; sentence left intact.
* Criminal law – Unlawful wounding – Evidence and credibility of complainant and eyewitnesses – appellate review of factual findings; * Sentencing – relation between proven offence (unlawful wounding) and medical classification of grievous harm; appellate discretion to vary sentence where sentence already served.
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15 December 1981 |
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Conviction quashed: insufficient evidence and delayed salary constituted administrative irregularity, not proven theft.
* Criminal law – Stealing by servant – sufficiency of evidence; admissions at internal audit; failure to call co-admissions undermining prosecution case. * Distinction between theft and administrative irregularity where delayed salary was paid and accounted for by another.
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12 December 1981 |
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12 December 1981 |
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Appeal allowed where trial court failed to properly assess accomplice corroboration and alibi, rendering conviction unsafe.
* Criminal law – Cattle theft – Accomplice evidence requiring corroboration – Possession of suspected stolen property as corroboration – adequacy of corroboration where herds mingled and alibi asserted.* Criminal procedure – Trial magistrate’s direction – failure to consider alibi and alternative explanations may render conviction unsafe.
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12 December 1981 |
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Whether wheat was a "specified agricultural product" under the Gazette notice and whether forfeiture to a parastatal was lawful.
Criminal law – statutory interpretation of Gazette notices – "specified agricultural product" – whether wheat falls within G.N.80/76 – relationship between parallel language notices (G.N.79/76 and G.N.80/76) – forfeiture: Government v parastatal as lawful recipient.
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10 December 1981 |
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Conviction for cattle theft quashed where evidence was limited, hearsay-based and identification was unreliable.
Criminal law - Sufficiency of evidence for conviction - Reliance on co-accused's out-of-court statements; Identification of exhibits; Hearsay and acquitted co-accused.
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8 December 1981 |
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Liability for crop destruction upheld; expert valuation admissible and general damages reduced to Shs. 4,000/=.
Tort – Animals straying – Liability for crop destruction; valuation of destroyed crops by agricultural expert admissible; appellate re-assessment of quantum where crop proportions not proved; no special damages awarded.
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8 December 1981 |
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Conviction for theft quashed where accounting errors and missing documentary evidence undermined prosecution's case.
Criminal law – stealing by servant – evidentiary sufficiency of accounting evidence – failure to tender supporting books – credibility and consistency of prosecution witnesses – arithmetic errors leading to unsafe conviction.
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8 December 1981 |
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Appellate court upheld appellant’s hoarding conviction, finding trial court’s credibility findings and evidence of stock sufficient.
* Criminal law – Hoarding – proof by evidence of possession and refusal to sell when specific offer made – credibility of undercover/search operation witnesses. * Evidence – credibility findings of trial court – appellate interference only where palpable or overriding error. * Contradictions – immaterial inconsistencies do not necessarily vitiate prosecution case.
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8 December 1981 |
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Equivocal guilty plea and insufficient evidence of grievous harm warranted quashing conviction and releasing the appellant.
Criminal law – conviction on equivocal plea – necessity of clear factual foundation for plea of guilty; corporal punishment by teacher – lawful discipline versus criminal grievous harm; medical evidence and legal characterisation of injury (conjunctivitis not shown to be grievous harm).
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7 December 1981 |
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Appeal against conviction for causing grievous harm dismissed; eyewitness and medical evidence upheld and sentence confirmed.
Criminal law – Offence of causing grievous harm – Eyewitness testimony and medical evidence establishing grievous injury – Appeal dismissed – Sentence of two years confirmed.
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7 December 1981 |
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Convictions for forgery, uttering, obtaining by false pretences and bribery upheld; alibi and frame-up claims rejected.
Criminal law – Forgery and uttering – Use of forged identity document with appellant's photograph constitutes at least uttering; proof by possession and use. Criminal law – Obtaining by false pretences and corrupt transaction – Marked money and trap evidence sufficient. Defence – Alibi and allegation of political frame-up inadequate where documentary and witness evidence contradict alibi. Appeal – Appellate court will not disturb trial court factual findings supported by contemporaneous evidence.
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7 December 1981 |
Criminal Practice and Procedure – Alternative verdicts – Verdicts alternative to burglary – Whether neglect of duty by a watchman is a kindred offence to housebreaking – Criminal Procedure Code s. 186 [now s. 305 of the Criminal Procedure Act, 1985]. |
5 December 1981 |
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Reported
A magistrate cannot use s186 CPC to convict for an offence outside sections 294–298; conviction quashed and sentence set aside.
Criminal procedure — Section 186 Criminal Procedure Code — substitution of offences charged under sections 294–298 Penal Code — limits to ‘other offence’ within same statutory group; conviction under unrelated Penal Code provision (s121) invalid — conviction quashed and sentence set aside; immediate release ordered.
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5 December 1981 |
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Appellate court quashed conviction where identification and handwriting evidence were unreliable and insufficient to prove theft.
* Criminal law – theft by public servant – sufficiency of proof. * Identification evidence – reliability after delay and mistaken identity. * Documentary/handwriting evidence – s.49(2) Evidence Act 1967 – requisite acquaintance with handwriting not established. * Conviction unsafe where identification and handwriting evidence are tenuous.
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4 December 1981 |
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Eyewitness proof of a violent joint assault established manslaughter, but not murder, due to lack of proven malice aforethought.
Criminal law — Homicide: credibility of eyewitnesses; sufficiency of direct evidence where post‑mortem inconclusive; malice aforethought as element distinguishing murder from manslaughter; common intention (section 23) and joint assault.
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4 December 1981 |
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Appellants’ eyewitness identification was reliable; appeal dismissed and convictions for burglary and robbery upheld.
Criminal law – Identification evidence – Reliability of eyewitness identification at night – Opportunity to observe (torchlight), prior acquaintance, corroboration by conduct and clothing, and arrest in same clothes reinforce identification; appeal dismissed.
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4 December 1981 |
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Resident magistrate lawfully conducted a s.15 Stock Theft Ordinance inquiry; appeal dismissed; certiorari inappropriate.
Stock Theft Ordinance s.15 – seizure by authorised officer; prompt reporting; resident magistrate as competent first-class magistrate; inquiry procedure and natural justice; restitution versus confiscation (s.14); limits of certiorari to cases of lack or excess of jurisdiction; merits not examinable by certiorari.
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3 December 1981 |
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Identification evidence was sufficient to uphold robbery convictions; appeals dismissed.
* Criminal law – Robbery with violence – Identification evidence – Prior acquaintance and adequate lighting support reliability of identification. * Criminal appeal – Sufficiency of evidence – Trial court conviction and statutory sentences affirmed.
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3 December 1981 |
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Reported
Leave to apply for certiorari refused where appeal was pending, remedies potentially effective, and challenged acts were administrative.
• Judicial review – prerogative writs – requirement of prior leave by long-established practice; court may dispense with leave in exigent cases
• Relation between statutory appeal and prerogative relief – discretionary balance; appeal does not automatically bar certiorari but statutory remedies normally preferred
• Scope of certiorari/prohibition – lies against judicial or quasi-judicial acts, not ordinarily against purely administrative acts
• Procedural abuse – parallel applications after earlier orders require demonstration of ineffectiveness of prior proceedings
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3 December 1981 |
Prerogative writs - Certiorari and Prohibition - Applicant charged with selling goods at a price higher than the maximum price - Goods confiscated by police - Charges withdrawn - Goods returned to Police andsold - Appeal against orderreturning goods to Police - Subsequent withdrawal of trading licence and expulsion order on the orders of the Area Commissioner and Defence Committee - Whether action byArea Commissioner and Defence Committee “judicial”. Prerogative Writs - Certiorari and Prohibition - Withdrawal of Licence and order of expulsion - Certiorari and Prohibition granted against the Officer Commanding District to restrain him from carrying our order of expulsion - Application for further orders against the Area Commissioner and the Defence Committee - Whether latter application competent. Prerogative writs - Certiorari and Mandamus - Practice and Procedure - Application for Whether leave necessary |
3 December 1981 |
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High Court upheld receiving conviction for one respondent but restored theft conviction, sentence and compensation against the other.
* Criminal law – cattle theft – possession of stolen cattle – distinction between principal thief and receiver.
* Evidence – weight of co-accused’s testimony – need for corroboration before convicting another accused.
* Evidence – admissions and documentary chit as corroboration of criminal participation.
* Appellate review – when acquittal should be set aside where additional corroborative facts exist.
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2 December 1981 |
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Applicant’s conviction for careless driving and accompanying sentence and disqualification were upheld on appeal.
* Road Traffic Act – careless driving – evidence of collision and admissions – sufficiency to support conviction.
* Sentence – fine or imprisonment and driving disqualification – discretion of magistrate and appellate interference.
* Mitigation – applicant’s silence and failure to make representations as evidence of lack of remorse affecting appellate relief.
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2 December 1981 |
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Medical and scene evidence negated a motor accident but prosecution inconsistencies left reasonable doubt; accused acquitted.
* Criminal law – Murder – Whether death caused by motor-vehicle accident or homicidal assault – Role of post-mortem and scene evidence. * Evidence – Reliability – Material delays, omissions and contradictions in eyewitness testimony; failure to call a potentially important witness. * Principle – Suspicion alone insufficient for conviction; prosecution must prove guilt beyond reasonable doubt.
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2 December 1981 |