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Citation
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Judgment date
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| November 1990 |
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Appeal challenging eyewitness identification in a robbery with violence was dismissed; conviction and sentence affirmed.
Criminal law – robbery with violence – issue of identification – reliability and credibility of eyewitness identification; evaluation of identification under prevailing circumstances.
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16 November 1990 |
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Conviction for housebreaking and theft upheld on confessions and corroborative circumstantial evidence despite alleged magistrate bias.
Criminal law – housebreaking and stealing; circumstantial evidence and confession; admissibility and weight of confessions to relatives; alleged judicial bias and recusal; identification of stolen property.
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15 November 1990 |
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Long delay and an apparent settlement barred execution; applicant lacked proof of entitlement after the judgment‑creditor’s death.
Execution of judgment – Limitation – Execution must be commenced within 12 years – Delay of 15 years barred application; Standing to execute – applicant must prove entitlement after judgment‑creditor's death; Effect of settlement/refund – subsequent refund/termination may discharge judgment debt.
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15 November 1990 |
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14 November 1990 |
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Insufficient evidence linked the appellant's cattle to the crop damage and the claimed valuation was unproven; appeal allowed.
Civil procedure – appeal – sufficiency of evidence in damages claim; proof of causation and ownership of animals; valuation of crop damage – necessity for valuer to give evidence or be tested.
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14 November 1990 |
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Written sale document held sufficient proof of ownership where respondent produced no documentary title; primary court’s decision restored.
Land law — evidentiary proof of title — weight of written sale document versus uncorroborated oral claim of village allocation; appellate review of factual findings.
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14 November 1990 |
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Appeal allowed because identification was unreliable and contradictions created reasonable doubt about guilt.
Criminal law – Identification evidence – Reliability undermined by poor lighting, inconsistent witness accounts and absence of contemporaneous identification. Criminal procedure – Appeal against conviction – Conviction unsafe where contradictions create reasonable doubt. Evidence – Contradictions about clothing, injuries and number/location of offences weaken prosecution case.
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14 November 1990 |
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Appeal dismissed: purported will ineffective and deceased’s brother inherits clan land as rightful heir.
Succession and wills – validity of purported will – proof of testamentary disposition; Family/clan land – limitations on alienation or bequest without clan/closest kin consent; Intestacy – brother as rightful heir where deceased left no children.
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13 November 1990 |
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Appellate court will not disturb trial court’s factual and credibility findings following site inspection and persuasive sketch plan evidence.
Land dispute — ownership of shamba — findings of fact and credibility — appellate restraint where trial court conducted site visit and prepared sketch plan showing ancestral graves — concurrent findings of lower courts upheld.
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13 November 1990 |
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Restoration of seized vehicle upheld where seller had not received payment; civil remedy lies against the cheque drawer.
Criminal appeal — restoration of exhibit — ownership and possession — payment by cheque — whether seller received consideration — remedy against drawer of cheque; holder in due course issues.
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12 November 1990 |
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Accused convicted of manslaughter on credible single eyewitness, corroborated by medical and circumstantial evidence; sentenced to seven years.
Criminal law – Manslaughter – proof beyond reasonable doubt; hostile witnesses – use of prior recorded statements as documents; single eyewitness related to deceased – corroboration as matter of practice; assessors’ concurrent opinion – judge may lawfully depart where convinced by evidence; sentencing – mitigation versus aggravation (force, pre-attack utterances).
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12 November 1990 |
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Dowry is not refundable while marriage subsists; consent judgment ordering refund and against a non‑party was set aside.
Family law – Dowry (bridewealth) – refund – marriage presumed valid and subsisting until dissolution – refund not orderable absent divorce; Civil procedure – consent judgment and evidence – Primary Court’s recording of admissions and ordering payment against non-party invalid.
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10 November 1990 |
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Second appeal upholds primary findings: marriage irreparably broken and appellant awarded shs 20,000 compensation.
Family law – marriage breakdown – finding that marriage irreparably broken – primary court findings on matrimonial assets upheld on appeal Matrimonial property – ownership vs joint acquisition – house held to have been acquired before marriage, not jointly built Evidence – unstamped document held admissible where witnesses testify to its making and contents Appeal – second appeal: appellate court will not disturb trial findings of fact absent patent error in process
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9 November 1990 |
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Appeal allowed; trial court child maintenance award reinstated as the District Magistrate's reversal was unjustified.
Family law – Child maintenance – Appellate review of District Magistrate’s reversal – Specification of per‑day amount not fatal – Parental refusal of custody does not negate maintenance obligation – Award not excessive.
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9 November 1990 |
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9 November 1990 |
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Appeal to recover forest land dismissed as meritless and barred by earlier village decision, with costs.
Land/forest dispute — claim for recovery dismissed as baseless; prior decision and village government action relied on in defence; appeal dismissed for lack of merit.
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9 November 1990 |
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8 November 1990 |
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Bail granted in principle but conditioned on depositing half the property's value in cash under Act 10/89.
Bail — grant in principle but conditional where property value exceeds statutory threshold — requirement to deposit half the property's value in cash under Act 10/89 — release on deposit; remain in custody on default.
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7 November 1990 |
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Confession, recovery of stolen goods and eyewitness identification supported the appellants’ convictions; eight-year sentences upheld.
Criminal law – Burglary and stealing – Admissibility and weight of co-accused’s confession – Recovery of buried stolen property; identification evidence – credibility of eyewitness testimony at night – Possession as evidence of joint liability – Sentence review.
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7 November 1990 |
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Appellants' clear admissions that seized cattle belonged to the judgment debtor justified dismissal of their appeals.
Execution of decree – attachment of cattle – ownership of seized property – clear admissions by objectors at trial – concurrence of Primary and District Courts – appellate interference only where record ambiguous or erroneous.
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7 November 1990 |
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7 November 1990 |
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Court held possession need not be during a journey for s312 conviction; prosecution failed to prove suspicion.
Penal Code s312 – possession of suspected stolen property – requirement that property be found while conveying removed by amendment; Criminal Procedure Act s25 – police authority to stop, search, detain and search premises; burden to explain lies to the court, not police; inadmissible hearsay undermines prosecution case.
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6 November 1990 |
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Identification evidence and recovery of stolen property supported convictions; procedural defects did not render convictions unsafe.
Criminal law – housebreaking and theft – sufficiency and reliability of identification evidence – corroborative value of recovery of stolen property and extra‑judicial admissions. Criminal procedure – alleged defects in charge/particulars – whether procedural irregularities render conviction unsafe. Evidence – failure to call a witness – prejudice and miscarriage of justice. Sentencing – concurrent terms – assessment of excessiveness on appeal.
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6 November 1990 |
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Conviction under s.233(g) quashed where particulars did not disclose the offence and a bus is not "machinery" under that paragraph.
Criminal law – Penal Code s.233(g) – "machinery" and persons in charge – vehicles excluded from meaning of "machinery" in para (g) – particulars must disclose ingredients of charged offence – guilty plea invalid where particulars irrelevant – conviction quashed; retrial permitted under s.234 (unlawful acts causing harm).
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5 November 1990 |
| October 1990 |
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Appellate court restores trial judgment awarding land to appellant where respondent failed to rebut overwhelming evidence.
Land law – possession and ownership – inheritance claim to a shamba – weight of evidence on factual findings – appellate interference with trial court findings where respondent fails to rebut evidence.
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31 October 1990 |
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Conviction for office‑breaking upheld where accomplice's account was materially corroborated by independent witnesses.
Criminal law – office‑breaking (s.295(1)) – accomplice evidence requires corroboration – independent witness (sister/wife) corroboration held reliable – conviction upheld.
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30 October 1990 |
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Appeal dismissed: convictions for burglary and theft upheld; sentencing on burglary increased to eight years due to recent possession and seriousness.
Criminal law – Burglary and theft – recent possession and circumstantial evidence – sufficiency of eyewitness identification and discovery of marked stolen items. Criminal procedure – appellate review of trial magistrate’s credibility findings – deference to demeanour assessments absent good cause to disturb. Sentencing – applicability of statutory minimum (s.5(d) M.So Act) and enhancement on appeal for seriousness of offence. Evidence – challenges based on delay in arrest, alleged fabrication, and timing of marking rejected when unsupported at trial.
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29 October 1990 |
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Circumstantial evidence (bones, gun testimony, threats, flight) proved death and guilt; accused convicted of murder and sentenced to death.
Criminal law – Murder – Proof of death and guilt by circumstantial evidence where no body found; human bones and forensic confirmation. Evidence – Credibility of witnesses delayed in reporting due to fear; weight of threats and flight as consciousness of guilt. Criminal procedure – Alibi notice requirement (s.194 CPC) and consequences of non‑compliance.
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29 October 1990 |
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An appellate court must not overturn a trial court’s credibility findings without clear reasons; appeal allowed and trial judgment restored.
Civil appeal – credibility of witnesses – appellate interference with trial court findings – appellate court must give deference to trial court’s credibility assessments; excessive delay in bringing claim undermines plaintiff’s case – judgment set aside and trial court decision restored.
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29 October 1990 |
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Appeal against theft conviction dismissed where prosecution evidence was found credible and accused’s explanation rejected.
Criminal law – Theft (stealing by servant) – Sufficiency and credibility of evidence – Accused’s explanation of off‑loading due to vehicle being stuck – Sentence (statutory five years).
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27 October 1990 |
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An honest belief in a right to take goods (claim of right) and lack of breaking defeats theft; conviction quashed.
Criminal law – Theft and breaking – requirement of proof of breaking – Claim of right / honest belief under section 9 of the Penal Code as a defence to theft – Where accused has lawful access and honestly believes entitlement to goods, theft not established.
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27 October 1990 |
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Conviction upheld on reliable identification and corroboration; eight-year sentences substituted with thirty years and compensation ordered.
Criminal law – Identification evidence – requirements for safe identification; recognition in good lighting and familiarity with perpetrators. Criminal law – Confession/corroboration – conviction based partly on co-accused’s implication requires independent corroboration. Sentencing – Minimum sentence legislation for armed robbery – applicability and substitution of unlawful lower sentence. Criminal procedure – Revisionary powers – correction of omitted mandatory compensation order.
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27 October 1990 |
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Guilty pleas were held unequivocal; convictions upheld but custodial sentences reduced to reflect time served and immediate release ordered.
Immigration law – guilty plea – plea equivocal or unequivocal – ingredients of offence properly put and admitted – convictions upheld; Sentencing – first offender – excessive custodial sentence – option of fine – time served – immediate release ordered.
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26 October 1990 |
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A grant of letters by a court lacking statutory pecuniary jurisdiction is null and void; revocation under the Ordinance remains available for defect or nondisclosure.
Probate and Administration — Jurisdiction — Resident Magistrate and District court pecuniary limits under the Ordinance — grant of letters where estate value exceeds limits — orders void for want of jurisdiction. Probate — Revocation of letters of administration — section 49 — grounds: defect, fraud, non‑disclosure, misadministration — no fixed limitation while estate unadministered. Civil procedure — res judicata — proper application and limits; lapse of caveat does not automatically bar revocation proceedings.
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26 October 1990 |
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Conviction based solely on uncorroborated accomplice evidence is unsafe; one appellant’s conviction quashed, the other upheld.
Criminal law – accomplice evidence – conviction unsafe if based solely on uncorroborated accomplice testimony; corroboration required; recent possession evidence may supply independent corroboration.
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26 October 1990 |
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Appellant’s convictions upheld where accomplice testimony was sufficiently corroborated and trial court credibility findings were affirmed.
Criminal law – accomplice evidence – requirement of corroboration under section 142 of the Evidence Act – circumstances may corroborate accomplice testimony. Criminal law – forgery and receiving stolen property – proof by documentary and circumstantial evidence. Evidence – identification and credibility – appellate review of trial magistrate’s findings.
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25 October 1990 |
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Appeal dismissed: conviction and two-year sentence for theft by agent affirmed; oral agreement and scratched engine serials proved theft.
Criminal law – Theft by agent – Proof beyond reasonable doubt – Corroborative oral testimony, documentary vehicle identification, and recovered parts with altered serial numbers. Evidence – Oral agreements – Admissibility and sufficiency where witnessed and corroborated by documents and physical evidence. Police procedure – Recovery of property and significance of obliterated serial numbers as evidence of theft and concealment. Sentence – Custodial sentence confirmation and assessment of leniency relative to value of stolen property.
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25 October 1990 |
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Conviction quashed where prosecution failed to prove document authorship and did not properly tender key documentary evidence.
Criminal law – Sufficiency of evidence – Authorship of documents – Whether prosecution proved accused prepared disputed documents; Criminal law – Possession of company books – Custody or opportunity insufficient to prove theft; Evidence – Documentary evidence – Requirement to properly tender and admit documents as exhibits; Appeal – Unsafe conviction resulting from weak prosecution case and improperly admitted or absent documentary proof.
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24 October 1990 |
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Appellate court upheld acquittal for alleged threatening violence, giving trial court benefit of doubt.
Criminal law – Threatening violence (s.89(2)(a) Penal Code) – distinguishing preparation with a weapon from an actual threat – appellate restraint in overturning trial court credibility findings.
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24 October 1990 |
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Appellate court quashed trial for lack of jurisdiction due to absence of DPP sanction and ordered retrial de novo.
Criminal law — jurisdiction — offences falling under special enactments removing subordinate court jurisdiction absent DPP sanction — trial without DPP certificate a nullity; retrial permitted where accused has not served substantial part of sentence.
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24 October 1990 |
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Appellate court upheld conviction; Minimum Sentences Act did not apply to village councils, and the three-year sentence was not excessive.
Criminal law – theft by public servant – sufficiency and credibility of prosecution witnesses – alleged discrepancies and interest in witnesses. Statutory interpretation – Minimum Sentences Act – whether village council is a "specified authority" and whether offence is scheduled; Act to be strictly construed. Sentence review – whether 3-year imprisonment was excessive.
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24 October 1990 |
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Conviction for possession of "moshi" quashed where prosecution failed to prove the substance's identity.
Criminal law – possession of illicit spirit – proof of identity of seized substance as 'moshi' – burden of prosecution to positively prove identity; co-accused admission and smell insufficient; statutory definition (Moshi Act 1981 amendment) does not remove evidential burden.
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24 October 1990 |
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Prosecution failed to prove intent or culpable negligence for infant's poisoning; accused acquitted.
Criminal law – murder – whether prosecution proved beyond reasonable doubt that accused caused death or acted with requisite intent or negligence Evidence – sufficiency of proof of knowledge of dangerous substance; mere accessibility of poison insufficient for conviction Assessors’ opinion – assessors found accused not culpable and court concurred
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24 October 1990 |
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24 October 1990 |
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Appeal allowed where prosecution failed to prove seized liquid was illicit brew; police identification unsupported and convictions quashed.
Criminal law – unlawful possession of illicit liquor – proof of identity of seized substance – police witness’s unqualified assertion insufficient – prosecution must establish witness’s expertise or other foundation to identify substance.
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24 October 1990 |
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Where the prosecution fails to establish a prima facie case, the court must acquit the accused under section 230.
Criminal law – No case to answer – section 230 Criminal Procedure Act – burden of proof on prosecution – retracted/un corroborated statement insufficient to implicate co-accused – trial court cannot shift burden by disbelieving defence.
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24 October 1990 |
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Appellate court affirms that disputed properties were matrimonial assets, dismissing the appellant’s challenge for lack of contrary evidence.
Civil appeal — factual findings on ownership of property — matrimonial assets — sufficiency of evidence — appellate review and confirmation of lower courts' findings.
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23 October 1990 |
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Convictions quashed where clan elders’ directive and complainant’s consent negated malice in alleged property damage.
Criminal law – malicious damage and forcible entry – requirement to prove mens rea beyond reasonable doubt – conduct done pursuant to clan elders’ directive and with complainant's consent – encroachment dispute primarily civil, not criminal.
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23 October 1990 |
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23 October 1990 |
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Dying declaration corroborated second accused’s involvement, but lack of proved malice reduced conviction to manslaughter.
Criminal law – Murder v. manslaughter – requirement of malice aforethought and effect of reasonable doubt Evidence – Dying declaration (Exhibit P2) – admissibility and need for corroboration Identification – sufficiency of dying declaration and witness testimony to identify an assailant Accused’s alibi/placement at scene – effect on culpability and acquittal Sentence – mitigation for custody and first offender status
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23 October 1990 |