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Citation
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Judgment date
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| March 1991 |
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A conviction based mainly on uncorroborated testimony of an interested co-accused cannot be sustained.
Criminal law – stealing by servant – conviction largely based on testimony of an interested co-accused – need for independent corroboration of such evidence before upholding conviction.
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27 March 1991 |
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An appellate court will not disturb an acquittal based on credibility findings of a trial court absent clear justification.
Criminal law – appeal against acquittal – credibility findings of trial court – appellate deference where prosecution rests on single witness whose testimony was assessed by trial magistrate.
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20 March 1991 |
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Appellant’s challenge to damages for assault dismissed; award upheld, payment ordered, and Primary Court instructed to notify respondent’s estate and certify compliance.
Civil appeal – assault – award of damages for personal injury – appellate review of Primary and District Court decisions – absence of appeal by appellant against Primary Court conviction – confirmation of damages; deceased respondent – requirement to notify estate/administrator and certify compliance.
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20 March 1991 |
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Officer’s report admissible; accused must prove object not Government trophy; conviction upheld, sentence reduced to five years.
Criminal law – Wildlife offences – Admissibility of investigating officer’s report under Evidence Act s.88(1)(b); burden on accused to prove object not a Government trophy (Wildlife Conservation Act s.70(3)(d)); double conviction on substantive and alternative counts; sentencing discretion and substitution of an excessive term.
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19 March 1991 |
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Conviction for stealing by servant quashed where materials were abandoned scrap and evidence was insufficient.
Criminal law – Theft by servant – Whether abandoned scrap thrown in a dust-bin can constitute property subject to theft charges. Evidence – Insufficient proof of ownership and necessary mens rea where property was discarded. Procedural fairness – Unsafe conviction based on lack of gate-pass and gatekeeper complaint.
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19 March 1991 |
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Accused who admitted killing was found not guilty by reason of insanity due to sufficient evidence and unreliable psychiatric reports.
Criminal law — Defence of insanity — Standard of proof: preponderance of evidence — Psychiatric report statutory requirements under s.168A/220(2) — Admissibility and reliability of psychiatric reports — Effect of perfunctory or improperly signed reports on criminal responsibility.
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19 March 1991 |
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A concubine may recover reasonable compensation for contributions despite no lawful marriage; trial court must assess witness credibility.
Cohabitation/concubinage – restitution/unjust enrichment – cohabitee’s right to compensation for contributions despite absence of lawful marriage; Evidence and credibility – appellate review where trial court failed to assess witness credibility; Quantification – global award permissible where detailed proof of value lacking; Law of Marriage Act – incapacity to contract another marriage precludes presumption of marriage under s.160.
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19 March 1991 |
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Insufficient and inconsistent evidence of robbery; conviction quashed and substituted with common-assault sentence, compensation set aside.
Criminal law — Robbery — Proof beyond reasonable doubt — Contradictory witness accounts and implausible conduct undermining robbery charge; alternative verdict of common assault — Substitution of sentence; compensation order unsupported by evidence.
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19 March 1991 |
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18 March 1991 |
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A five-year sentence for theft was not manifestly excessive; mitigating guilty plea did not justify reducing the sentence.
Sentencing — appellate review — whether sentence manifestly excessive — guilty plea and contrition as mitigating factors — amount stolen as an aggravating factor — no misdirection by trial court.
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18 March 1991 |
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A voluntary extra‑judicial confession can sustain conviction despite weak identification; appeals dismissed and sentences upheld.
Criminal law – robbery with violence – identification evidence – admissibility and reliability of identification parade; role of conditions at scene (darkness, panic, torches). Criminal law – extra‑judicial confession – voluntariness; whether a court may convict on confession alone; role of corroboration. Sentencing – statutory minimum sentences upheld.
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18 March 1991 |
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Court imposed statutory five-year sentences despite accuseds' family dependents, applying the Minimum Sentences Act 1972.
Criminal law – Sentencing – Mitigating factors (dependent children, aged/disabled relatives) – Impact of Minimum Sentences Act 1972 – Statutory minimum upheld.
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18 March 1991 |
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Dispute whether respondent inherited disputed land, whether applicant’s father was mere caretaker, and whether the claim was time‑barred.
Land law – ownership and inheritance – whether caretaker holds title; Limitation of actions – twelve‑year period for land claims and accrual when ownership is asserted; Probate evidence – distribution order does not establish title to specific disputed parcels unless identified; Evaluation of oral evidence – credibility of long‑standing cultivation and caretaker testimony.
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16 March 1991 |
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Appellate court affirms lower courts' finding of paternity and confirms a maintenance order of 500 per month.
Family law – Paternity — Evidence of sexual intercourse and timing of conception as basis for finding of paternity — Appellate restraint in upsetting concurrent findings of fact by trial and district courts — Maintenance order affirmed.
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15 March 1991 |
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An appeal against a cattle-theft conviction was dismissed; prosecution proved the applicant’s guilt beyond reasonable doubt and sentence was upheld.
Criminal law – Theft of cattle – Identification evidence – Eyewitness account of driving cattle and distinctive brand marks on ears – Proof beyond reasonable doubt required to sustain conviction. Criminal procedure – Appeal against conviction and sentence – Appellate court will not disturb trial court findings where evidence is credible and sentence reasonable.
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15 March 1991 |
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Appellate court erred in reversing trial court's credibility findings; trial court judgment restoring land ownership reinstated.
Land allocation — conflicting oral testimony on village allocation (1971) versus later clan claim (1973) — appellate review of credibility — deference to trial court's assessment of demeanour and witness credibility.
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15 March 1991 |
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The accused were acquitted where interested witness testimony and lack of corroboration created reasonable doubt.
Criminal law – Murder – Death may be proved circumstantially without a body – Identification evidence – testimony of interested witnesses requires caution and corroboration – Motive and possession of firearm insufficient without independent corroboration – Acquittal where reasonable doubt persists.
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15 March 1991 |
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An appellate court held that probate courts should appoint administrators, not adjudicate estate property distribution among heirs.
Probate & administration — Court’s function in estate matters — Appointment of administrator versus adjudication of distribution of estate property — Administration and distribution under customary entitlement — Primary court jurisdiction and value/registration of land not determinative of probate competence.
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14 March 1991 |
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Conviction quashed where disputed ownership rendered the case civil and theft was not proved beyond reasonable doubt.
Criminal law — Theft by agent (s.273(b)) — Burden of proof — Ownership dispute — Civil versus criminal jurisdiction — Where title to property is disputed, matter should ordinarily be resolved in civil proceedings; unresolved ownership may negate proof of criminal theft.
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14 March 1991 |
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Threats causing victims to flee and drown established causation, but malice aforethought was not proved—convicted of manslaughter.
Criminal law – distinction between murder and manslaughter – proof of malice aforethought; causation where threats cause victims to flee and drown; defence of property and excess of force; evidential weight of eyewitness, autopsy and contradictory alibi.
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14 March 1991 |
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Admission and conduct established respondent’s liability to restore or compensate for cattle; district court decision upheld.
Property — Cattle — Loss/disposal of livestock — Admission/offered payment as evidence of liability — Restitution or compensation for animals and offspring — Appeal: correctness of district court decision.
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14 March 1991 |
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Appellant proved ownership and unlawful seizure of 15 cattle; the local council (Baraza) is collectively liable to return them.
Property law – Seizure and sale of livestock – Ownership and proof of title – Local council (Baraza) collective responsibility for unlawful seizure and disposal – Restoration of trial court judgment.
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13 March 1991 |
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Repeated physical assaults by the respondent constituted cruelty and established an irretrievable breakdown of the marriage under s.107(2)(a).
Matrimonial law – cruelty (mental or physical) – evidence of repeated assaults and conduct as proof of irretrievable breakdown – application of section 107(2)(a) of the Law of Marriage Act, 1971 – appellate review of district court's reversal of primary court decree.
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13 March 1991 |
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Conviction quashed where prosecution failed to prove essential elements and evidence was insufficient.
Criminal law – Theft / causing loss to a specified authority – Prosecution must prove status of 'specified authority' and other essential elements. Evidence – sufficiency of evidence and proper inferences – appellate intervention where conviction rests on unsupported inferences. Appeal – conviction quashed and sentence set aside where essential elements not proved.
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13 March 1991 |
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Leave to appeal refused as application was time-barred under Court of Appeal Rules; absence in library did not excuse delay.
Court of Appeal Rules 1979 — time limit for filing application for leave to appeal (14 days) — application filed outside prescribed period is time-barred; dismissal for non-appearance; reason of being in library to fetch authorities not sufficient to set aside dismissal; protection of court procedure and schedules.
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12 March 1991 |
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Seizing another’s cattle to compensate for a third party’s alleged wrongdoing was unjustified; appeal dismissed with costs.
Civil law – Unlawful seizure of property – Seizure to compensate for third party’s alleged wrongs is unjustified. Evidence – Delay and failure to pursue police remedies undermines claimant’s right to retain or recover property. Remedies – Proper claimant should pursue responsible third party or police, not seize another’s property.
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12 March 1991 |
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Appeal allowed where respondent failed to prove recovery/refund claim and lower courts inadequately assessed documentary and oral evidence.
Civil procedure – appeal – appellate review of concurrent findings – appellate interference warranted where lower courts fail to consider or reconcile material documentary and oral evidence; Proof on balance of probabilities – burden of proof and credibility of witnesses; Documentary evidence – requirement for originals/clear particulars.
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12 March 1991 |
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Long abandonment by a prior occupant negates his claim; a later purchaser with credible purchase evidence becomes lawful owner.
Land law – disputes over ownership – purchase supported by oral evidence (payment of one cow and one goat) – abandonment by prior occupant after prolonged absence – long non‑occupation defeats prior claim; purchaser who occupies and develops acquires lawful ownership.
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12 March 1991 |
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Appeal allowed: person who knowingly plants trees on disputed land is not entitled to compensation; trees must be removed and land vacated.
Land – disputed occupancy – trespass and improvements – planting of trees on land known to be under dispute – entitlement to compensation for improvements – District Court’s award of compensation set aside; trial court’s order for removal/harvest and vacation of land restored.
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12 March 1991 |
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Conviction quashed where nighttime identification in an ambush was unreliable and prosecution failed to prove guilt beyond reasonable doubt.
Criminal law — robbery with violence — identification evidence at night — reliability where attack was a surprise and victims likely in panic; standard of proof beyond reasonable doubt; acquittal where identification is doubtful; severity of mandatory sentence requires watertight evidence.
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11 March 1991 |
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Housebreaking conviction quashed for lack of breaking evidence; theft conviction upheld and sentence increased to two years.
Criminal law – housebreaking requires proof of breaking or forcible entry; mere presence with stolen property does not establish breaking – theft may be proved by identification and possession of stolen goods; appellate court may enhance an inadequate sentence.
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10 March 1991 |
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Additional evidence on appeal is admissible only under Order 39 r.27; absent its exceptions the application is dismissed.
Civil procedure — Admission of additional evidence on appeal — Order 39 rule 27 CPC — Exceptions where appellate court may admit evidence: trial court refusal, necessity for pronouncing judgment, or other substantial cause — Unpleaded claims and relevance of evidence — Evidence inadmissible where none of the exceptions apply.
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8 March 1991 |
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Conviction quashed where weak identification and defective exhibit/custody evidence created reasonable doubt.
Criminal law – theft by public servant – sufficiency of identification evidence; chain of custody and exhibit registration; reasonable doubt – conviction quashed where identification and exhibit proof unreliable.
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8 March 1991 |
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8 March 1991 |
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The High Court upheld lower courts that the attached cattle were brideprice; appeal dismissed and costs awarded.
Civil procedure – Attachment and objection proceedings – Whether attachment of cattle was lawful where cattle allegedly constituted brideprice. Family/customary law – Brideprice (lobola) – Ownership of cattle paid as brideprice and effect on third-party attachments. Evidence – Weight and credibility of oral testimony (ex-wife, relatives) in resolving ownership disputes.
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8 March 1991 |
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Whether fraudulent intent was proved beyond reasonable doubt where a military finance officer retained government funds pending accounting.
Military law – Theft – Whether fraudulent intent proved beyond reasonable doubt where a military finance officer retained and transported government funds pending final accounting – Non-declaration of currency at airport not conclusive of theft – Burden and standard of proof.
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8 March 1991 |
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Appeal dismissed: procedural irregularity in judgment-drawing criticised, but will construed to vest the disputed house in the named legatee; widow’s occupancy rights limited.
; Probate and succession – construction of a testamentary bequest – whether a bequeathed house forms part of common estate or vests in a named legatee; Civil procedure – impropriety where a registrar prepares/delivers judgment without obtaining trial magistrate’s views or receiving promised evidence; Family law – widow’s right to occupy matrimonial home under marriage law distinct from absolute proprietary rights.
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8 March 1991 |
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Accused convicted of attempted murder for setting complainant’s house alight; identification and intent to kill proved beyond reasonable doubt.
Criminal law – Attempted murder – Ingredients: unlawful act, commission by accused, and intent to kill; Identification evidence – visual and voice recognition at night and corroborative circumstances; Reliability of witness identification and allegation of fabrication; Sentencing – long remand, mitigation, and suspension of sentence.
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8 March 1991 |
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Application for temporary injunction to restrain execution dismissed for lack of pending objection proceedings and abuse of process.
Civil procedure – Order 37 r.1 and section 95 CPC – Application for temporary injunction to restrain execution – absence of pending objection proceedings – previous stay and temporary injunction set aside – abuse of process – dismissal with costs – execution of decree allowed.
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7 March 1991 |
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Handwriting opinion and corroborative evidence established that unauthorized alterations to duplicate receipts constituted forgery; appeal dismissed.
Criminal law – Forgery – Alteration of duplicate cash sale receipts – Handwriting opinion evidence by co‑workers – Proof of intent to defraud employer – Sufficiency of evidence to sustain conviction.
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7 March 1991 |
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District magistrate lacked jurisdiction to tax costs from a High Court appeal; the taxation and award were quashed.
Costs — Taxation of costs arising from appeals to the High Court — Jurisdiction — Section 39(2) T.C.A. 1984 — Advocates' Fees and Taxation of Costs Rules (Book 9 Applied Laws) — Proper taxing officers — Registrar/Deputy Registrar or officer appointed by Chief Justice — District magistrate lacked jurisdiction; taxation quashed.
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6 March 1991 |
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Reported
Application for leave to appeal out of time dismissed because intended appeal lacked prospects and traditional tribunal had no jurisdiction.
Application for extension of time to appeal; prospects of success as decisive factor; traditional forum (Baraza la Jadi) lacks jurisdiction to adjudicate theft or order compensation; illegality of self-help seizure; constitutional requirement that only courts of law determine criminal liability and award compensation.
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5 March 1991 |
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Omission to record a co-accused’s defence is a substantive procedural defect that vitiates the conviction.
Criminal procedure – duty to record accused’s defence – omission to record defence renders proceedings null and void – procedural irregularity vitiates conviction – remedy: appeal allowed, conviction and sentence set aside.
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3 March 1991 |
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Conviction for theft quashed where prosecution failed to prove the recovered weighing machine was the complainant’s property beyond reasonable doubt.
Criminal law – Theft – Identification of recovered property – Burden of proof on prosecution to prove beyond reasonable doubt that recovered item is stolen property – Insufficient identification (colour differences, no serial numbers) and unreliable documentary receipt render conviction unsafe.
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2 March 1991 |
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The court allowed the appellant’s appeal, holding village reallocation of land outside its lawful jurisdiction is not legally sanctioned.
Land law – village land jurisdiction – competing village claims – village allocation committees – validity of reallocating occupied land – district magistrate’s possession doctrine inapplicable across village jurisdictions.
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1 March 1991 |
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Applicant prevented by a court clerk showed good cause; court ordered appeal to proceed once record is typed.
Civil procedure – Appeal – failure to file due to obstruction by court registry clerk – good cause for allowing appeal to proceed. Procedural relief – application granted; appeal to proceed once record of lower courts is typed. Unopposed application – respondent had no reply.
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1 March 1991 |
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1 March 1991 |
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Accomplice testimony failed to prove robbery and escape, but unlawful possession of a sub‑machine gun under s.8(1) was upheld.
Criminal law – robbery with violence; accomplice evidence and necessity for corroboration – escape from lawful custody – unlawful possession of firearm under National Security Act s.8(1) – charging both robbery and possession of a firearm permissible.
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1 March 1991 |