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Citation
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Judgment date
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| September 1983 |
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30 September 1983 |
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Appellants' theft and fraudulent accounting convictions upheld where admissions and missing passbook undermined bona fide payment defence.
Criminal law – Theft from bank – Use of forged/false withdrawal form – Fraudulent false accounting – Weight of written admissions – Importance of passbook/signature in validating withdrawals – Bona fide payment defence rejected where passbook absent and admission exists.
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30 September 1983 |
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Appellant's hired-driver defence rejected; conviction and five-year sentence for cattle theft affirmed.
Criminal law – Cattle theft – Possession of stolen property and participation – Credibility of defence claiming hired driver/innocent carrier – Appeal against conviction and sentence.
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30 September 1983 |
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Appeal in absence upheld; identification and arrest evidence sufficed to dismiss robbery‑with‑violence appeals.
Criminal procedure – Appeal in absence – s.319(2)(b)(e) Criminal Procedure Code – failure to provide transfer expenses to prison. Evidence – Identification by victims who knew accused – immediate post‑offence identification – arrest red‑handed. Offences – Robbery with violence – sufficiency of evidence to sustain conviction. Trial review – alleged misdirection/non‑direction on appeal.
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29 September 1983 |
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Judge convicted on single-witness identification, inferring malice and joint liability, and sentenced the accused to death.
Criminal law – Identification evidence – single surviving witness – familiarity with accused, torchlight conditions and approach to victim support reliability of ID. Criminal law – Delay in disclosure – failure to name culprit immediately does not necessarily discredit identification where witness was not asked and was under duress. Criminal law – Murder v manslaughter – malice aforethought inferred from manner of killings. Criminal law – Joint liability/common purpose – presence in company of perpetrators renders accused responsible. Criminal procedure – Assessors’ not guilty opinion may be outweighed by judge’s assessment of credibility.
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29 September 1983 |
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28 September 1983 |
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Appeal dismissed: purchaser entitled to compensation for unexhausted improvements; purchaser’s removal of plantations not compensable.
Land law – redemption of customary/clan land – proper redemption price. Compensation – compensability of unexhausted improvements upon redemption. Ownership rights – purchaser entitled to deal with plantations on purchased land; removal not compensable to redeemer. Costs/refunds – legitimate payments made at purchase (e.g. witness fees) refundable on redemption.
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27 September 1983 |
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27 September 1983 |
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26 September 1983 |
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Conviction based on an uncritically accepted single-witness identification was unsafe and was quashed.
Criminal law – robbery with violence – conviction based on single witness – duty of trial court to critically assess credibility and identification; identification evidence; s.319(2) – accused’s right to be present at appeal conditional on payment of expenses and subject to court’s discretion.
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24 September 1983 |
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Reported
Non‑compliance with s171(1) prompted appellate re‑evaluation and quashing of conviction for theft by servant.
Criminal procedure – section 171(1) – requirement for written judgment to state points for determination, decision and reasons; Non‑compliance not automatically fatal; appellate court must assess sufficiency of record; Appellate re‑evaluation of evidence; Theft by servant – recent possession and reasonable doubt; contradictions in police evidence; resulting quash of conviction.
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23 September 1983 |
Criminal Practice and Procedure – Charges – Charge and statement of facts not disclosing any offence – Whether conviction proper.
Criminal Practice and Procedure – Appeal – Trial court errors not raised by appellant due to ignorance – Power of appellate court. |
23 September 1983 |
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Reported
A charge omitting the statutory weight element renders a guilty plea and conviction nullity ab initio.
Criminal law – statutory offence – charge must allege every essential element; G.N. 80/1976 s.3 requires transported agricultural products to exceed 30 kg to constitute an offence – omission of weight renders charge defective; defective charge vitiates plea of guilty and conviction (nullity ab initio); forfeiture and sentence set aside; refund and restoration ordered.
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23 September 1983 |
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Unexplained shortages of public revenues traced to clerks warranted upheld convictions for theft by public servants.
Criminal law – Theft by public servant – Revenues traced to clerks – Auditor's report as primary evidence – Once traced, accused must give reasonable explanation for shortages; failure to do so permits conviction. Evidence – Evidential burden shifts to accused to explain missing public funds when prosecution traces receipts into their custody. Sentencing – Trial court's concurrent custodial sentences affirmed.
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21 September 1983 |
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21 September 1983 |
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Convictions following guilty pleas upheld; excessive sentences noted but not varied as appellants already served them.
Immigration Act 1972 – offences under immigration law – guilty plea – appeal against conviction – sentence severity – failure to consider mitigating factors (first offender, guilty plea) – influence of extraneous events on sentencing – variation of sentence where sentence already served.
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20 September 1983 |
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20 September 1983 |
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Insanity defence rejected where accused’s actions showed understanding and concealment; convicted of murder and sentenced to death.
Criminal law – murder; insanity defence – statutory test (disease of mind; inability to understand act; inability to know wrongfulness) – psychiatric evidence and weight – self-induced intoxication not a defence to premeditated killing; admissibility/weight of accused’s disclosures to psychiatrist.
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19 September 1983 |
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19 September 1983 |
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Murder not proved as to who delivered fatal blow; one accused convicted of assault occasioning actual bodily harm.
Criminal law – Murder – identity of assailant and common intention; burden of proof; substitution of conviction to lesser offence (s.181 CrPC) – assault occasioning actual bodily harm (s.241 Penal Code); evidential sufficiency; surrender to police as contextual evidence.
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19 September 1983 |
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16 September 1983 |
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An honest claim of right based on a prior land determination can negate criminal liability for destroying crops; conviction quashed.
Criminal law – malicious damage to property – substitution of charge under s.209 Criminal Procedure Code – defence of honest claim of right under s.9 Penal Code – effect of prior Land Tribunal decision on criminal liability – absence of evidence to assess compensation.
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15 September 1983 |
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Appellate courts should not overturn trial credibility findings absent compelling reasons.
Civil appeal – evaluation of conflicting oral testimony – credibility findings by trial magistrate and assessors entitled to deference. Appellate review – courts reading the record should not readily overturn trial court credibility determinations. Disputed land – possession/cultivation evidence insufficient to displace credibility-based ownership finding.
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13 September 1983 |
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13 September 1983 |
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Appellate courts may, in exceptional cases, reassess factual findings — distinctive marks and witness ID can suffice to identify stolen property.
Criminal law – appellate review of facts on second appeal – rare circumstances permitting reassessment; Identification of stolen property – reliability of witness identification and distinctive marks despite delay; Effect of inconsistencies or delay on credibility.
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12 September 1983 |
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Conviction unsafe where prosecution evidence conflicted on number of cash boxes and key police witness lacked corroboration.
Criminal law — conviction based on circumstantial evidence — contradictions in prosecution witnesses about handling of cash boxes — interested police witness requiring corroboration — unsafe conviction quashed.
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10 September 1983 |
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Appellate court substituted conviction for receiving/possession of stolen cattle and sentenced the respondent to two years' imprisonment.
Criminal law – Cattle theft and possession of stolen stock – Whether appellate court may disturb trial court credibility findings – Substitution of conviction for a lesser offence (receiving/possession of stolen cattle) – Prosecutorial error in framing charges and dates.
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9 September 1983 |
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Appellate court found the original fine and disqualification excessive, substituted a reduced fine and ordered refund.
Criminal law – Sentencing – Excessive sentence – Trial magistrate acted on wrong principle in fixing heavy fine; appellate court substituted lesser fine and set aside disqualification.
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8 September 1983 |
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Appeal allowed: procedural irregularities and insufficient evidence (missing exhibits, inconsistencies) required quashing of theft conviction.
Criminal law – sufficiency of evidence to prove theft – missing exhibits and inconsistent totals – procedural irregularity: multiple magistrates and joining offences in one count (s.136(2) CPC) – substitution of charge during judgment – prejudice required to overturn conviction.
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8 September 1983 |
Family Law-Divorce - Custody and maintenance of children - Whether party entitled to maintenance for a burden wilfully incurred. |
8 September 1983 |
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Failure to consider an alibi is an error, but a late, uncommunicated alibi that does not create doubt will not overturn conviction.
Criminal law – Alibi – duty of court to consider alibi as part of all evidence – failure to consider is error in law; Credibility – identification evidence accepted where witnesses’ identification deemed reliable; Procedural – late-raised alibi (not given to arresting officer) undermines alibi’s credibility; Harmless error – omission to consider alibi did not affect outcome; appeal dismissed.
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8 September 1983 |
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Reported
A deserter who wilfully removes and keeps children cannot claim compensation; father bears primary maintenance duty.
Family law – maintenance of infant children – s.129 Law of Marriage Act 1971 – primary duty on father under subsection (1); subsection (2) exceptions – equitable/customary-law bar to recovery by party whose misconduct caused separation – no compensation for maintenance of children wilfully removed or kept by deserter.
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8 September 1983 |
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Conviction quashed where trial judge misdirected by implying accused bore burden to disprove the prosecution's case.
Criminal law – Burden of proof – Prosecution must prove guilt beyond reasonable doubt; accused has no duty to disprove charge. Criminal procedure – Misdirection by trial judge – Shifting or implying burden on accused is fatal to conviction. Evidence – Single witness evidence – admissible but conviction cannot stand if judgment misstates legal standard.
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7 September 1983 |
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Eyewitness identification and brutality of attack proved murder; accused convicted and sentenced to death.
Criminal law – Murder; eyewitness identification; post-mortem evidence; intention to kill; lack of motive not fatal where identity proved; sentence of death.
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7 September 1983 |
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Appeal allowed in part: forgery and stealing convictions upheld; obtaining by false pretences convictions quashed.
Criminal law – Appeal – Evaluation of witness credibility and documentary evidence – Forgery (s.338) and stealing (s.265) upheld; obtaining money by false pretences (s.302) not proved.
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7 September 1983 |
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Reported
Appeal allowed: marriage declared subsisting due to non‑compliance with conciliation requirement and petition founded on petitioner’s misconduct.
Family law – Divorce – Requirement to refer matrimonial difficulty to Conciliation Board (s.101, Law of Marriage Act) – Validity of a Board’s certificate – Petition founded exclusively on petitioner’s misconduct – Prohibition under s.107(1)(a).
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6 September 1983 |
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Appeal allowed: marriage declared subsisting due to no valid conciliation certificate and petitioner’s own wrongdoing barring divorce.
Family law – Divorce – Breakdown of marriage – Irretrievable breakdown; Family law – Law of Marriage Act s.101 – Requirement of prior referral and Board certificate; Family law – Law of Marriage Act s.107(1)(a) – Petitioner’s own wrongdoing as bar to divorce.
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6 September 1983 |
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6 September 1983 |
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6 September 1983 |
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Convictions for cattle theft quashed where facts showed consensual safekeeping and no evidence of intent to steal.
Criminal law – Theft – Intention to steal (mens rea) – Whether consensual safekeeping and substitution of cattle constituted dishonest appropriation – Sufficiency of evidence – Trial magistrate's error in convicting without proof of intent.
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5 September 1983 |
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Respondent entitled to compensation for crops harvested by appellants who failed to notify or prevent her cultivation.
Land law – allocation of village land – compensation for crops planted by one person and harvested by another; procedural error in Primary Court judgment; failure to notify occupier of reallocation; entitlement to compensation for crops where owner/occupier was allowed to cultivate and later deprived of produce.
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5 September 1983 |
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3 September 1983 |
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Convictions for conspiracy and obtaining by false pretences upheld; statutory minimum sentences applied where government funds exceeded threshold.
Criminal law – conspiracy to defraud; fraudulent accounting; obtaining by false pretences – credibility of prosecution witness (Regional Engineer) – proof of no works done. Sentencing – application of Minimum Sentences Act where defrauded money belongs to Government (specified authority) and exceeds statutory threshold – statutory minimum sentence enforced.
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2 September 1983 |
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Conviction on an unequivocal guilty plea upheld, but a 12‑month sentence was reduced to immediate release as excessive.
Criminal law – plea of guilty – conviction on an unequivocal plea upheld; sentencing – excessive custodial sentence set aside and substituted with immediate release.
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1 September 1983 |
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Conviction on a guilty plea upheld, but a 12‑month sentence for low‑value uncustorned goods was quashed as excessive.
Criminal law – possession of uncustorned/customs goods – guilty plea and effect on appeal – sentencing – manifestly excessive custodial sentence for low-value goods – sentence set aside and substituted for immediate release.
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1 September 1983 |
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Conviction for theft set aside and substituted with conversion under section 284; sentence reduced to six months and immediate release.
Criminal law – offence by public servant – unauthorised taking and use of employer's machinery – distinction between theft and conversion – appropriate charge under section 284 Penal Code; Sentence – appellate reduction where original term excessive.
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1 September 1983 |
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Conviction for soliciting a bribe quashed where sole complainant's inconsistent, uncorroborated evidence was unsafe.
Criminal law – Corrupt transaction/soliciting a bribe – Evidence and corroboration – Single complainant's testimony – Credibility and inconsistencies – Appellate intervention where conviction is unsafe.
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1 September 1983 |
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Conviction on guilty plea upheld; 12-month sentence reduced and set aside, appellant released immediately.
Customs offence – possession of uncustomed goods – guilty plea upheld; Sentence – 12 months excessive given few items and time served; Remedy – sentence set aside and substituted to effect immediate release.
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1 September 1983 |
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Owner’s claim to land upheld but must pay purchase price and compensate purchaser; appeal dismissed.
Property law – sale of land without owner’s consent; entitlement to compensation for improvements by purchaser; appellate review of second appeal; affirmation of restitution subject to payment of purchase price and compensation.
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1 September 1983 |