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Citation
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Judgment date
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| February 1990 |
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Conviction quashed where trial court lacked statutory authority (no Economic Court certificate); applicant ordered released.
Criminal law – possession of ammunition – conviction entered on plea of guilty – procedural fairness of plea. Jurisdiction – Economic and Organized Crime statutory regime – requirement of certificate to try Economic Crime matters by non-Economic Court – failure to produce certificate renders trial a nullity. Remedy – quashing of conviction and setting aside of sentence; release unless held on other charges.
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28 February 1990 |
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27 February 1990 |
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Late-filed criminal appeal dismissed as time-barred, but court reduced sentence to five years under its revisional powers.
Criminal procedure — time limits for appeals — appeal filed out of statutory time barred — revisional powers — s.373(2) Criminal Procedure Act — court may vary sentence to ensure parity with co-accused.
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27 February 1990 |
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A rental agreement without a licence condition makes the respondent liable for full rent arrears, less allowable fencing costs.
Lease agreement – interpretation of written rental agreement – absence of licence proviso – tenant’s responsibility to obtain business licence – entitlement to rent arrears – set‑off for fencing charges.
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27 February 1990 |
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Conviction for theft upheld on police and cautioned-statement evidence; sentence reduced from six to three years.
Criminal law – Theft – Recovery of property and eyewitness identification; Cautioned statement corroboration; Sentence – Excessive term reduced where property recovered.
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27 February 1990 |
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Failure to give statutory notice of appeal and to show good cause renders the appeal time‑barred and struck from the register.
Criminal procedure — appeals — limitation — section 361 Criminal Procedure Act — requirement to give notice of intention to appeal within ten days and file petition within forty‑five days (time to obtain copy excluded) — High Court discretion to extend for good cause — failure to show timely notice or good cause renders appeal time‑barred.
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27 February 1990 |
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A plea of "it is true" can constitute an unequivocal admission; conviction upheld but sentence reduced to a fine with default imprisonment.
Criminal law – plea of "it is true" – when such plea constitutes an unequivocal admission of all ingredients of an offence; Evidence/procedure – prosecutor’s duty to state facts in support of charge but absence not fatal where plea admits essentials; Sentencing – substitution of custodial sentence with fine given statutory options, currency devaluation and accused’s youth.
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26 February 1990 |
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Accused convicted of murder; provocation and cumulative 'last straw' defence rejected; mandatory death sentence imposed.
Criminal law – Murder – Malice aforethought inferred from use of lethal weapon and force directed at vital body part; Provocation (ss.201–202 Penal Code) – defence not made out where accused remained composed, sought reconciliation, and later pursued victim; Cumulative/'last straw' provocation – inapplicable where prior events and subsequent conduct do not deprive ordinary person of self‑control; Sentence – mandatory death for convicted murder.
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26 February 1990 |
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A 26‑year delay in seeking refund of bridewealth rendered the respondent's claim time‑barred; appeal allowed and orders quashed.
Family law – refund of bridewealth – limitation and laches – cause of action arose at marriage breakdown (1962); claim not brought within three years (Government Notice No. 55 of 1963) and no explanation for delay; Primary Court should not have entertained time‑barred claim; lower courts’ decisions quashed.
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23 February 1990 |
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Appeal dismissed; appellant must return two cattle as third‑party ownership claim did not absolve restitution obligation.
Property/Restitution – Exchange of livestock – Third‑party ownership claims – Effect of third‑party assertion on obligation to return animals – Appeal lacking substance; order for restitution and costs.
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23 February 1990 |
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Appeal dismissed: shamba and five cattle held part of deceased’s estate; son directed to obtain letters of administration and recover property.
Inheritance — intestate succession — disputed ownership of land and livestock — Primary Court findings on ownership and concealment of estate property upheld on appeal — appointment/letters of administration directed to facilitate succession.
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22 February 1990 |
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Co-offenders are jointly and severally liable for compensation limited to the value of unrecovered stolen property.
Criminal law – Compensation for stolen property – Compensation limited to value of unrecovered property; recoveries reduce payable quantum. Criminal law – Joint offenders – No apportionment of compensation between co-offenders; joint and several liability. Restitution – Order for return of recovered documents and clarification that restored vehicles may be used by the bank.
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22 February 1990 |
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First defendant liable for conversion and damage to plaintiff’s vehicle; second defendant not shown to be liable.
Conversion/trespass to goods – wrongful taking and conversion of motor vehicle – liability for damage and loss of use; proof of agency/employment – requirement to prove role of second defendant before imposing joint liability; assessment of damages to restore pre-wrongful-taking position.
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21 February 1990 |
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A prior lawful sale vested title in the appellants; a later purported sale could not make the respondent a bona fide purchaser.
Property law – sale and transfer of ownership – where a lawful sale vests title in purchaser, a later purported sale by one without title cannot pass title; bona fide purchaser doctrine; appellate review of trial credibility and valuation findings.
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21 February 1990 |
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Appellant's forgery convictions upheld on circumstantial and procedural evidence despite absence of expert handwriting identification.
Criminal law – Forgery – Sufficiency of circumstantial evidence where handwriting expert did not identify accused; role and duties of bank clerk as basis for liability. Evidence – Credibility of senior bank officers and weight of procedural evidence over absence of direct expert attribution. Sentencing – Concurrent versus consecutive terms; appellate deference to trial court's sentencing order.
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21 February 1990 |
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Whether appellant participated in a conspiracy to forge an insurance cover note and steal resultant funds; appeal dismissed with convictions/sentences amended.
Criminal law – Forgery and theft – Common intention and conspiracy – Principal offenders under section 22 – Substitution of alternative verdicts – Appellate review of conviction, sentence and compensation beneficiary.
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21 February 1990 |
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Appellant sought redemption (not nullification); redemption affirmed but payment amounts lacked evidential basis and were remitted for further inquiry.
Civil procedure – redemption of clan/communal land – distinction between redemption and nullification of sale – appellate scrutiny of trial court’s unexplained assessment of compensation amounts. Evidence – purchase price – trial court must base monetary awards on evidence; appellate court may remit for further inquiry where record lacks basis for figures. Appeals – partial allowance where substantive relief affirmed but quantification remitted for further fact-finding.
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19 February 1990 |
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High Court set aside appellate finding on purchase price for lack of evidence and remitted matter for proof of price and compensation.
Land law – Redemption of clan holding – distinction between redemption and nullification of sale. Evidence – requirement to prove authenticity and amount in a sale document; appellate courts should not substitute findings unsupported by evidence. Civil procedure – remittal to trial court to lead evidence where factual issues on price and compensation remain unresolved. Costs – each party to bear own costs on this appeal.
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19 February 1990 |
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Conviction quashed where charge particulars failed to disclose the essential elements of obtaining credit by false pretences.
Criminal law – Obtaining credit by false pretences – Particulars of offence must specify alleged false pretences – Defective charge that fails to disclose essential ingredients cannot support conviction – Conviction quashed and sentence set aside.
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19 February 1990 |
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Appeal allowed where identification and property-identification evidence were unreliable, convictions quashed and appellants released.
Criminal law – Identification evidence – Visual identification made in unfavourable conditions requires corroboration; hearsay cannot substitute for direct evidence. Criminal procedure – Right to call defence witnesses – Magistrate must afford reasonable opportunity to secure attendance; refusal may prejudice fair trial. Evidence – Identification of stolen property – Articles of common manufacture require distinctive marks described before arrest to support conviction for receiving stolen property.
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17 February 1990 |
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17 February 1990 |
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Contradictions in prosecution evidence and unexplained failure to arrest others created reasonable doubt, so acquittal was upheld.
Criminal law — Evidence — Witness contradictions and inconsistencies; burden of proof beyond reasonable doubt; failure by police to arrest other persons present — effect on credibility and acquittal; appellate review of acquittal.
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16 February 1990 |
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Appellate court dismissed prosecution’s appeal: insufficient evidence that respondent possessed stolen or unlawfully acquired goods.
Criminal law – possession of goods suspected to have been stolen – sufficiency of evidence under section 312(1) Penal Code. Evidence – evaluation of oral testimony versus documentary records – credibility findings. Documentary discrepancies – reasonable commercial explanations and effect on proof of unlawful possession. Appeal – appellate court’s deference to proper factual evaluation by trial magistrate.
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16 February 1990 |
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Assisting to build a house on another’s purchased plot does not automatically create a proprietary share; appeal dismissed with costs.
Cohabitation and property rights; ownership of land and structures; contribution to construction does not automatically confer proprietary interest; unnecessary to determine marital status where facts establish sole ownership; burden of proof for claiming equitable share.
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16 February 1990 |
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A father is not liable for an adult son's wrongful act; unlawfully seized property must be restored to the innocent owner.
Family liability – parental responsibility for adult child’s wrongful acts; unlawful distraint – seizure of property as compensation; restitution of wrongfully seized property; remedies against the actual wrongdoer versus innocent third parties.
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14 February 1990 |
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Convictions quashed due to unsafe single-witness identification and unresolved doubts about voluntariness of alleged confession.
Criminal law – identification evidence – reliance on single witness and poor lighting – unsafe conviction; Criminal law – confession – voluntariness and possible coercion; Appeal – quashing convictions and sentences where identification and confession are doubtful.
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14 February 1990 |
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Conviction for stealing by agent quashed for evidential insufficiency; conduct found negligent not criminal.
Criminal law – stealing by agent – proof beyond reasonable doubt; burden of proof remains on prosecution – accused’s duty not to carry burden to rebut; negligent or careless handling of entrusted funds does not automatically establish theft; evidentiary value of accounting records and documentary vouchers.
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14 February 1990 |
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Insufficient evidence and poor accounting showed negligence, not theft; prosecution failed to prove guilt beyond reasonable doubt.
Criminal law – burden of proof – prosecution must prove guilt beyond reasonable doubt; burden not shifted to accused. Theft by agent – distinction between negligent loss and dishonest appropriation. Evidence – defective accounting systems and missing documentation undermine criminal conviction for theft. Relief – conviction quashed; sentence and restitution set aside where proof insufficient.
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14 February 1990 |
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Circumstantial evidence sustained a theft conviction (reduced from housebreaking); mandatory compensation for unrecovered government property ordered.
Criminal law – Circumstantial evidence – sufficiency and credibility – when circumstantial facts irresistibly point to accused. Theft v. housebreaking – absence of evidence of forced entry may justify substitution of conviction to simple theft. Statutory offences involving government property – value threshold and mandatory compensation. Evidentiary principle – non-production of stolen article does not necessarily vitiate conviction.
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13 February 1990 |
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Circumstantial evidence and credible witness testimony upheld the applicant's conviction for cattle theft.
Cattle theft; circumstantial evidence; credibility of witness (ten‑cell leader); duty to call corroborative witnesses; misdirection on scheduled offence; sentence commensurate with offence.
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12 February 1990 |
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Second appeal dismissed where lower courts correctly found the appellant encroached on the respondent’s land.
Land law – boundary dispute – encroachment beyond Ward Secretary demarcation; weight of oral evidence and site inspection by trial court magistrate and assessors. Appeal – second appeal – appellate court should not disturb factual findings and credibility assessments of lower courts absent proper basis. Costs – successful respondent awarded costs in all courts. Procedure – appellant informed of requirements for further appeal to Court of Appeal.
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12 February 1990 |
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12 February 1990 |
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Conviction quashed where charge failed to specify the correct subsection of section 42 and evidence was insufficient.
Criminal procedure – Particularity of charge – Section 42 Traffic Act contains distinct subsections; charge must specify subsection relied upon. Evidence – Causing death by dangerous/reckless driving – conviction requires sufficient probative evidence; failure to call material witnesses may vitiate conviction. Statutory citation – Wrong citation of licence-disqualification provision (27(1)(b) v. 27(1)(a)) renders related order improper. Remedy – Quashing conviction and setting aside sentence where charge is inadequately particularised and evidence insufficient.
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12 February 1990 |
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Conviction for causing death quashed where charge was defective and supporting evidence was insufficient.
Traffic law – criminal charge – statutory requirement to specify the exact subsection of s.42 when charging distinct driving offences – charge must give reasonable information of nature of offence. Evidence – insufficiency where prosecution fails to call material witnesses and gives no reliable particulars; sketch plan useless. Procedural error – incorrect citation of statutory provision for licence disqualification (s.27(1)(b)) – order set aside. Remedy – conviction quashed, sentence and licence-disqualification order set aside, fine refunded.
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12 February 1990 |
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Failure to appeal a Conciliation Board reinstatement order compels immediate statutory payment and justifies dismissal of the appeal.
Employment law – enforcement of Conciliation Board awards – requirement to appeal to Minister under section 40A(3) – consequences of failure to appeal – remedies under section 40J(5)(a)(i)(ii).
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9 February 1990 |
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Circumstantial and corroborated witness evidence upheld conviction for theft by servant; appeal against conviction and sentence dismissed.
Criminal law – Theft by servant – liability where an employee diverts employer’s goods for another’s benefit; off‑duty acts may breach employment duties. Evidence – Circumstantial evidence and testimony of potentially interested witnesses may suffice where consistent and corroborated; standards for convicting on circumstantial proof (incompatibility with innocence). Criminal procedure – Failure to call a potentially available witness does not automatically require reversal unless a miscarriage of justice is shown.
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9 February 1990 |
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A knowingly false report to police about a municipal demolition breached section 122; appeal dismissed.
Criminal law – Offence of giving false information to a public officer (s122 Penal Code) – Credibility findings – Proof of knowledge and intention where demolition by Municipal Council was established by witnesses and notice.
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9 February 1990 |
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Claim for malicious prosecution dismissed because defendant had reasonable and probable cause and no malice.
Malicious prosecution — elements: institution of prosecution; absence of reasonable and probable cause; malice — complaint based on village grant and occupation amounts to reasonable and probable cause; no malice proven — claim dismissed. Civil remedy for land allocation separate from criminal prosecution.
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9 February 1990 |
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9 February 1990 |
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Recent possession upheld to convict one accused; innocent purchaser acquitted and minimum statutory sentence upheld for the other.
Criminal law – Theft of goods in transit – Doctrine of recent possession – Identification of stolen goods found in accused’s house. Criminal law – Innocent purchaser – Evidence of purchase from third party negates knowledge of theft. Sentencing – Minimum Sentence Act applies where stolen property belongs to specified authority; appellate interference restricted.
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9 February 1990 |
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An appellate court exceeded its jurisdiction by deciding matrimonial/clan property distribution in an appeal confined to appointment of an estate administrator.
Administration of estates – appointment of administrator – limits of appellate jurisdiction – appellate court exceeded jurisdiction by distributing matrimonial/clan property in an appointment appeal – ownership/distribution of matrimonial or clan property requires separate substantive suit with witnesses.
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8 February 1990 |
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Failure to afford a hearing before reversing a prior favourable decision breached natural justice; the reversal was quashed and the earlier decision restored.
Administrative law – natural justice – duty to hear before making decisions affecting rights – applicablity where public body acts quasi‑judicially. Judicial review – certiorari – reversal of prior favourable decision without hearing – ground for quashing. Sports law – disciplinary decisions – necessity of fair procedure on reconsideration of sanctions.
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8 February 1990 |
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A prior related District Court ex parte judgment did not bar the High Court suit; preliminary objection of res judicata dismissed.
Civil Procedure Code (sections 8 and 9) – res judicata/issue estoppel – whether matter was directly and substantially in issue in prior lower court proceedings. Order 7 r.11 CPC – rejection of plaint where suit appears barred by law – applicability when related case was decided ex parte in lower court. Effect of failing to file a counterclaim in earlier proceedings on issue of res judicata.
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8 February 1990 |
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8 February 1990 |
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8 February 1990 |
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Appeal allowed: possession evidence required respondents to open their defence; district court erred in dismissing under section 230.
Criminal law – unlawful possession of government stores – sufficiency of evidence at close of prosecution – section 230 Criminal Procedure – physical condition of seized property immaterial to prima facie case – accused must be called to make defence when possession established.
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7 February 1990 |
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7 February 1990 |
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Appeal allowed: convictions quashed for inadequate identification of stolen property and misallocation of burden of proof.
Criminal law – Burglary and theft – possession of alleged stolen property – identification of property – inconsistent descriptions – evidential weight of receipts produced by accused – burden of proof rests on prosecution – accused not required to call corroborative witnesses.
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6 February 1990 |
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Identification at parade was reliable; minor discrepancies did not vitiate identification, so robbery convictions were affirmed.
Criminal law – Robbery – Identification evidence – Identification parade – Favourable conditions for identification (illumination and opportunity to observe) – Minor inconsistencies in complainant's evidence not fatal – Appeal dismissed; convictions and sentences upheld.
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6 February 1990 |
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Weak identification does not preclude conviction where recent possession and corroborating circumstantial evidence prove guilt beyond reasonable doubt.
Criminal law – Armed robbery – Identification evidence – reliability of eyewitness identification (daylight, close range, identification parade). Criminal law – Circumstantial evidence – recent possession of stolen vehicle, admissions, discovery of weapon and ballistic link as proof beyond reasonable doubt. Criminal procedure – Appellate review – deference to trial court credibility findings absent compelling reason to overturn.
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6 February 1990 |