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Citation
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Judgment date
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| June 1991 |
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Circumstantial and weak identification evidence insufficient to sustain convictions for assault causing actual bodily harm.
Criminal law – Circumstantial evidence – Sufficiency to prove guilt beyond reasonable doubt; Identification – unreliable sighting in darkness; Suspicion and prior threats insufficient to convict.
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29 June 1991 |
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Whether public accusations of witchcraft causing mental illness constitute actionable defamation and justify damages.
Defamation — allegation of witchcraft; credibility of evidence given by a mentally disturbed person; customary/contextual meaning of imputation; assessment of damages for reputational harm.
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28 June 1991 |
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Appellate court quashed acquittal and convicted respondent after a voluntary confession corroborated audit evidence of hospital theft.
Criminal law – Appeal against acquittal – Admission and voluntariness of cautioned/confession statement – Corroboration by audit evidence – Standard of proof and reasonable doubt – Stealing by servant (s.271 Penal Code) – Sentence and compensation for breach of trust.
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28 June 1991 |
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Additional post-trial evidence (caution statement) upheld on appeal, acquittal quashed, conviction for theft by servant and seven-year sentence imposed.
Criminal law – Appeal against acquittal – Consideration of additional evidence taken after trial – Admissibility and voluntariness of caution statement/confession – Conviction for theft by servant – Sentence and restitution for breach of trust.
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28 June 1991 |
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Appellate court quashed robbery conviction due to unreliable identification and insufficient evidence beyond reasonable doubt.
Criminal law – Robbery with violence – Identification evidence – credibility and reliability of eyewitnesses – reasonable doubt – appellate quashing of conviction – trial court should consider acquittal or lesser offence when evidence is insufficient.
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28 June 1991 |
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Appellant’s uncorroborated claim of pawn versus written sales rejected; concurrent findings of sale upheld and appeal dismissed.
Land law – transaction characterization: sale versus pawn/security – weight of written, witnessed and certified sale documents and long possession; concurrent findings of fact on appeal; burden of proof on claimant alleging reconveyance or redemption.
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28 June 1991 |
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Appeal allowed: conviction for office breaking quashed due to weak, inconsistent evidence and reasonable doubt.
Criminal law – office breaking – sufficiency of evidence – possession and custody of safe key – credibility of witnesses – inconsistencies between witness testimony and physical evidence – reasonable doubt – conviction quashed.
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28 June 1991 |
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Complainant's reliable visual identification, corroborated by witnesses and vehicle recovery, upheld robbery conviction.
Criminal law — Robbery with violence (s.286 Penal Code) — Visual identification — Reliability and corroboration — Recovery and identification of stolen vehicle as corroborative evidence — Alibi and alleged police inducement — appellate review of identification evidence.
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28 June 1991 |
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Admissibility of an extrajudicial confession and need for independent corroboration before convicting a co‑accused.
Criminal law – murder – admissibility and voluntariness of extra‑judicial confessions – trial‑within‑trial – use of co‑accused’s confession against another – requirement of independent corroboration (s.33 Evidence Act) – reliability of night identification – effect of torture allegations on voluntariness and weight of statement.
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28 June 1991 |
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Continuous, undisputed possession and grazing use established appellant's ownership; district court's reversal set aside and primary judgment restored.
Land dispute — possession and ownership — evidence and credibility of witnesses — grazing use as proof of continuous possession — appellate review of factual findings — reversal and restoration of lower court decision.
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27 June 1991 |
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Appeal allowed: theft conviction quashed for insufficient evidence and sentence set aside; appellant ordered released.
Criminal law – Theft – Whether prosecution proved dishonest appropriation where accused had been entrusted with cattle – Insufficiency of evidence; Sentencing – Minimum Sentences Act – sentence improperly imposed where offence not scheduled.
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27 June 1991 |
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A guilty plea to robbery before a subordinate court bars appeal except on the legality or extent of the sentence; appeal dismissed.
Criminal procedure – guilty plea – Appeals barred where conviction entered on guilty plea by a subordinate court (s.360(1) C.P.A.) – exception limited to extent or legality of sentence – minimum sentence applied for robbery with violence.
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26 June 1991 |
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Appellate court substituted a lenient conditional discharge with three years' imprisonment and ordered restitution in a theft-by-servant case.
Criminal law – Sentencing – Appeal against sentence – Appellate court’s power to set aside unduly lenient conditional discharge and substitute imprisonment; Criminal law – Theft by servant – restitution ordered as part of sentence.
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26 June 1991 |
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Conviction for cattle theft quashed where evidence failed to link the appellant to the stolen cattle.
Criminal law – Theft (cattle) – Sufficiency of evidence – Identification – Where witnesses do not identify accused and evidence is limited to hearsay/detection reports, conviction unsafe – Appeal allowed; conviction quashed.
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26 June 1991 |
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26 June 1991 |
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Appellant’s theft conviction quashed where weak, uncorroborated evidence and suspicion failed to prove guilt beyond reasonable doubt.
Criminal law – Theft – proof beyond reasonable doubt – circumstantial evidence – witnesses of interest and need for corroboration – lack of handover records – suspicion insufficient for conviction.
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26 June 1991 |
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Appeal against theft conviction dismissed: caution statement voluntary and evidence proved possession and guilt.
Criminal law – Theft – Possession of stolen property – Circumstantial and direct evidence that accused had access and possession. Criminal procedure – Statements to police – Voluntariness and admissibility of caution statement – Corroboration by independent witnesses. Appeal – Evaluation of trial court findings – Appellate court reluctant to disturb factual findings absent misdirection or lack of evidence.
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25 June 1991 |
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Accomplice evidence without independent corroboration is insufficient to sustain a cattle-theft conviction.
Criminal law – conviction based on accomplice evidence – accomplice requires corroboration; child witness evidence generally requires corroboration and cannot necessarily corroborate an accomplice; unexplained delayed reporting affects reliability of prosecution case.
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25 June 1991 |
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Corroborated evidence of persistent cruelty, assault and desertion established irreparable marital breakdown; appeal dismissed.
Family law – Divorce under Islamic/incidental marital law – evidence of cruelty, assault and desertion as grounds for irreparable breakdown of marriage; corroboration and credibility findings on appeal.
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25 June 1991 |
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25 June 1991 |
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Briefly leaving a public laboratory unlocked during working hours did not amount to wilful neglect of official duty.
Criminal law – Neglect of official duty (s.121 Penal Code) – Proof of wilful neglect – omission vs criminal intention – disciplinary remedy vs criminal sanction – strict liability rejected.
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24 June 1991 |
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Appellant's theft conviction upheld on credible witness testimony and documentary admissions; five-year minimum sentence affirmed.
Criminal law – Theft by public servant – Evidence of possession and receipt – Documentary acknowledgment on invoice relied upon; confessions and written undertakings corroborative. Admissibility and weight of statements – Claim of coercion/threats rejected where implausible and contradicted by circumstances. Sentencing – Minimum Sentences Act, 1972 – five-year sentence upheld as prescribed and appropriate.
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24 June 1991 |
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The applicants' challenges to identification and duplicity failed; convictions and sentences for robbery with violence were affirmed.
Criminal law – robbery with violence – identification evidence – close-range daylight observation and prolonged scuffle – reliability of identification and non-necessity of identification parade. Criminal procedure – duplicity – single transaction affecting multiple victims may be charged in one count.
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24 June 1991 |
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23 June 1991 |
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Applicant’s claim of consensual transfer to a medicine man rejected; convictions for menace and obtaining goods affirmed.
Criminal law – Demand for property with menaces (s.292 Penal Code) – sufficiency of evidence and credibility of defence Criminal law – Obtaining goods by false pretences (s.302 Penal Code) – distinct offence where goods are direct product of menace Evidence – credibility findings and customary reverence to medicine men in rural communities Sentencing – concurrent sentences
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23 June 1991 |
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Confessions and bank handwriting evidence upheld; stealing-by-servant convictions substituted with obtaining goods by false pretences; appeal dismissed.
Criminal law – Forgery – Handwriting identification by bank officer; Confessions – voluntariness and admissibility; Mischaracterisation of offences – stealing by servant (ss. 265,271) v. obtaining goods by false pretences (s. 302); Appeal – substitution of conviction.
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23 June 1991 |
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Possession and eyewitness evidence that the applicant carried stolen property justified upholding conviction and four-year sentence.
Criminal law – Theft – Whether identification and being caught in possession of stolen property suffice to convict; Effect of withdrawal of charges against co-accused on remaining accused's conviction; Credibility of eyewitness and possession evidence in proving stealing.
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23 June 1991 |
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Respondent’s delayed completion attracts liquidated damages; counterclaim disallowed for lack of proof and untimely invoicing.
Contract law – Building contract – Delay in completion – Liquidated damages under default clause (Shs.450/week) – correct computation from expiry to handover. Contract law – Proof of credit for materials – requirement of contractor’s advice and acknowledgment. Civil procedure – Counter-claim – timing and genuineness of invoice; claims must be pleaded.
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21 June 1991 |
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Appeal allowed: prior dismissal barred fresh petition; invalid conciliatory certificate and unsuitable custody award set aside.
Matrimonial law – competence of fresh petition after dismissal under O.9 R.8 – requirement of recent conciliatory/Marriage Board certificate – consolidation of matrimonial matters – custody and welfare of the child – maintenance orders reviewable on changed circumstances.
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21 June 1991 |
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Reported
Proceedings in a court lacking statutory jurisdiction and beset by unlawful adjournments were quashed and the accused discharged.
Criminal procedure – jurisdiction of subordinate courts – offences triable under Economic and Organised Crime Control Act (Act 13/1984) – DPP’s certificate under s 12(3) – Resident Magistrate’s Court v District Court; Criminal procedure – adjournments – compliance with s 225(4) Criminal Procedure Act 1985 – consequences of irregular adjournments; Procedural irregularity – missing charge sheet and uncertain DPP consent – effect on validity of prosecution.
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21 June 1991 |
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Reported
Economic and organized crime control - Jurisdiction of subordinate Courts - Director of Public Prosecutions confers Jurisdiction on a Court of Resident Magistrate - Case tried by a District Court - Whether lawful.
Criminal practice and procedure - Adjournment not in compliance with section 225(4) Criminal Procedure Act, 1985 - Whether Proceedings valid. |
21 June 1991 |
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Application to restore an appeal dismissed for absence failed due to implausible explanations and the appellant’s history of causing adjournments.
Civil procedure – Restoration of appeal – Application to restore appeal dismissed for absence – Applicant must show good cause for non-appearance and credible explanation. Credibility – Conflicting affidavits and inconsistent instructions undermine restoration applications. Procedural history – Repeated adjournments caused by appellant’s insistence on personal attendance relevant to exercise of court’s discretion. Costs – Application dismissed with costs.
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20 June 1991 |
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False police report that led to detention and reputation loss amounts to actionable defamation; primary court’s finding restored.
Defamation — false report to police — whether a complaint to police which is false and results in detention and reputation damage amounts to defamation; civil relief where criminal allegation is unproven.
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20 June 1991 |
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Conviction for "breaking" was quashed; appellant substituted and convicted of theft (s.265) and released after 12‑month sentence.
Criminal law – Theft (s.265 Penal Code) – Substituted convictions – Alternative verdicts (s.300(2) Criminal Procedure Act) – Illegality of substituting a graver offence (s.296 Penal Code) for a lesser charged offence – Composite offence of breaking into a building and committing an offence therein.
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19 June 1991 |
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18 June 1991 |
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Longstanding occupation cannot be displaced by reallocation absent very strong, justifying reasons.
Land law – village/land allocation committee – reallocation of land already in occupation – strong reasons required; continuous uninterrupted possession and building on land confers superior rights; Operation Vijiji reallocations do not automatically defeat prior occupation; no waiver where no evidence of acts abandoning rights.
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17 June 1991 |
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Appeal allowed because the respondent's ownership claim rested on unreliable testimony and inadmissible hearsay.
Property dispute; proof of ownership—insufficient evidence; witness credibility—confused testimony unreliable; hearsay evidence inadmissible; appellate review of factual findings.
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17 June 1991 |
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The accuseds’ defective warning and failure to heed signals amounted to gross negligence causing the collision and conviction.
Criminal negligence – station master’s duty to issue proper warning orders and to disclose that a failed train was unprotected by detonators – omission as gross negligence; Locomotive driver’s duty of care – failure to heed warning signal and excessive speed – gross negligence; Evidence – lost documents – admissibility of oral evidence as next best evidence; Credibility assessment of interested witnesses.
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17 June 1991 |
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Appeal dismissed: identification, cautioned statements and conviction for lesser proved offence upheld.
Criminal law – identification evidence – sufficiency of visual identification by complainant under moonlight and matchlight; criminal procedure – admissibility and voluntariness of cautioned statements; conviction of minor offence proved (s.300) where principal offence not established; improper framing of non-cognate offences as alternatives (arson v. attempted robbery).
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15 June 1991 |
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The respondent's village-council allocation of land was upheld; the applicant's appeal was dismissed.
Land law – village council allocation – proof of ownership – credibility of evidence – encroachment and offer of alternative plot – substitution of personal representative on appellant's death.
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15 June 1991 |
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Failure to state the value of immovable property in the plaint deprived the magistrate's court of jurisdiction, rendering its proceedings void.
Magistrates' courts – Jurisdiction – Pecuniary limits in actions concerning immovable property – Requirement under Civil Procedure Code for plaint to state value of subject matter – Failure to state value may deprive subordinate court of jurisdiction; proceedings wrongly assumed are void.
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14 June 1991 |
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Conviction upheld; housebreaking sentence increased to statutory five-year minimum due to value of stolen property.
Criminal law – confession and corroboration – possession of stolen property as corroborative evidence; Criminal procedure – right to call witnesses – adjournment granted and defendant declined to call witnesses; Sentencing – Minimum Sentences Act s.5(d) – mandatory five-year minimum where value of property exceeds statutory threshold; Appellate review – substitution of sentence.
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14 June 1991 |
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Circumstantial evidence, not misplaced reliance on recent possession, sustained the theft conviction; appeal dismissed.
Criminal law – theft – circumstantial evidence – recent possession doctrine – requirement that proved facts exclude all reasonable hypotheses of innocence – prosecution’s burden.
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14 June 1991 |
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12 June 1991 |
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12 June 1991 |
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Conviction for cattle theft quashed where identification and documentary evidence were contradictory and insufficient.
Criminal law – Theft (cattle) – Burden of proof and identification of stolen property; Evidentiary weight of documentary proof not produced; Contradictory witness statements undermining prosecution case; Safety of conviction.
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12 June 1991 |
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Failure to hold an identification parade rendered identification unsafe; convictions quashed despite irregular charge substitution.
Criminal law – Identification evidence – Omission of identification parade fatal where witnesses had brief/poor observation; Criminal procedure – Substitution of charge under s.234 Criminal Procedure Act – irregular substitution by magistrate, but not necessarily fatal; Conviction safety – convictions quashed where identification unsafe.
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12 June 1991 |
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Appellate court erred in increasing primary court’s damages without reasons; primary award restored and appeal dismissed.
Civil procedure – appeal – appellate court enhancing award without reasons – enhancement set aside. Evidence – livestock trespass – eyewitness and agricultural officer evidence sufficient to support primary court's finding of crop damage. Damages – trial court’s assessment of compensation not excessive where supported by evidence. Costs – primary court costs reinstated; additional appellate costs to be taxed.
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12 June 1991 |
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Prosecution failed to prove seized meat was government ‘trophy’ (giraffe/dik‑dik); accused acquitted and certain seized items returned.
Wildlife Conservation Act – definition of ‘trophy’ and proof required – evidential burden under s.70; identification of meat by visual inspection; insufficiency of uncorroborated expert naked‑eye identification; acquittal where prosecution fails to prove trophy status beyond reasonable doubt.
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12 June 1991 |
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Appeal against a statutory minimum seven-year sentence for unlawful firearm possession is dismissed.
Criminal law – unlawful possession of firearm – muzzle-loading gun – conviction after discovery at accused’s home. Sentencing – statutory minimum sentence – application of section 5(c) of Minimum Sentences Act (1972) as amended by Act No. 10 of 1989. Appeal against sentence – disparity with other cases not shown; statutory minimum sentence upheld.
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12 June 1991 |