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Citation
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Judgment date
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| July 1995 |
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Appellate court upheld burglary and rape convictions, rejected autrefois acquit, and reduced the five-year term to three years, running concurrently.
Criminal law – Rape and burglary – sufficiency of evidence to prove unlawful entry and sexual assault. Plea of autrefois acquit – previous acquittal on a different charge (defilement) does not bar prosecution for rape. Sentence – appellate reduction of custodial sentence where appellant is a first offender; concurrent sentences. Medical evidence – injuries consistent with sexual assault though absence of spermatozoa does not preclude conviction.
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31 July 1995 |
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Convictions on multiple theft counts quashed where prosecution proved only an aggregate amount, not each specific count.
Criminal law – Theft from public servant – Multiple counts alleging theft of specified sums on different dates – Necessity of evidence to establish each count beyond reasonable doubt. Evidence – Aggregate proof insufficient to sustain convictions on separately charged counts. Criminal procedure – Quashing convictions and setting aside sentences where individual counts not proved; discretion to refuse retrial where prosecution’s case presentation caused failure of proof.
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31 July 1995 |
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Conviction upheld under recent-possession principle, but minimum sentence reduced where stolen property's value was not proved.
Criminal law – burglary and stealing; recent possession doctrine as basis for inference of guilt; minimum statutory sentences – requirement to prove nature and value of stolen property before imposing higher minimum sentence; appellate variation of sentence.
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29 July 1995 |
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A married woman may be declared owner of separate property during marriage; the applicant's claim to the land was rejected.
Land law – ownership v. occupancy – occupier/invitee status versus legal title – credibility of evidence.* Civil procedure – appeal – interference with concurrent factual findings and credibility assessments by trial courts.* Family/property law – married woman’s capacity to acquire, hold and dispose of separate property and to sue during subsistence of marriage.
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28 July 1995 |
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Insufficient identification and inconsistent witness evidence made robbery conviction unsafe; substituted conviction for simple theft and immediate release.
Criminal law – Robbery with violence – Identification and inconsistent witness evidence – alternative verdict of simple theft (s.265) – sentencing and release where longer sentence already served.
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28 July 1995 |
Civil Practice and Procedure - Appeals - Application for leave to appeal out of time - Copy of proceedings not received - When limitation period begins to run. |
28 July 1995 |
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Reported
Extension granted where appeal period runs from supply of both judgment and typed proceedings, delay caused by court.
Civil procedure – Appeal time limits – Whether appeal period runs from delivery of judgment or from supply of both judgment and proceedings; delay attributable to lower court’s failure to supply typed proceedings; extension of time to appeal granted.
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28 July 1995 |
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Court dismissed defamation suit for want of prosecution and allowed defendants to prove counterclaim ex parte by oral evidence.
Civil procedure – Dismissal for want of prosecution/non-appearance – Order 9 r.8 and inherent jurisdiction to prevent abuse of process; Counterclaim – failure to file defence – leave to prove counterclaim ex parte (Order 14(1)/Order 11(1)); Evidence – mode of ex parte proof and summonsing of assessors.
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27 July 1995 |
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A withdrawing party granted leave to withdraw an appeal must ordinarily pay the adverse party’s costs; withdrawal may be re‑instituted subject to limitation.
Civil procedure – Withdrawal of appeal – Leave to withdraw granted – Costs – Section 21 Civil Procedure Code 1966 – Party seeking leave to withdraw must ordinarily pay adverse party’s costs – Withdrawal does not bar re‑institution subject to limitation.
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27 July 1995 |
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Appeal allowed because lower court issued a blanket eviction without ascertaining the specific parcel, risking minors' ownership rights.
Land law – Eviction – Court must ascertain with particularity which parcel is subject to eviction; blanket eviction orders unsafe – Sale agreement and change of ownership – Ex parte judgment and protection of third-party/minors’ property rights – Referral to lower court and stay of eviction.
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27 July 1995 |
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Eviction order uplifted where lower court failed to identify specific land parcel, risking prejudice to purchasers.
Land law – eviction – necessity to identify specific parcel before ordering eviction; ex parte judgment; protection of third‑party purchasers; procedural fairness; referral back to lower court; stay/uplift of eviction order.
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27 July 1995 |
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Respondent retains ownership of the shamba but must compensate the appellant for permanent crops planted.
Land law – ownership of cultivated land – temporary loan of shamba – whether occupant planted permanent crops in breach of instruction – compensation for improvements and permanent crops – remittal to lower court for valuation and execution.
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27 July 1995 |
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Reported
Civil Practice and Procedure - No case to answer - Standard of proof upon a submission of ‘No Case to Answer’ in a civil case — Standard
of proof in civil and criminal cases distinguished
Civil Practice and Procedure - No Case to Answer - Dismissal of suit on the basis of a submission of ‘No Case to Answer’ — Test to be applied by the Court in reaching decision |
27 July 1995 |
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Reported
Applicant failed to prove Zanzibar’s OIC membership; court upheld no-case submission and dismissed the suit with costs.
Civil Practice and Procedure - No case to answer - Standard of proof upon a submission of 'No Case to Answer' in a civil case - Standard of proof in civil and criminal cases distinguished
Civil Practice and Procedure - No Case to Answer - Dismissal of suit on the basis of a submission of 'No Case to Answer' - Test to be applied by the Court in reaching decision |
27 July 1995 |
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Court dismissed suit for want of prosecution, allowed defendants to improve counterclaim ex parte, and ordered oral ex parte proof with assessors summoned.
Civil procedure – dismissal for want of prosecution – plaintiff’s repeated non‑appearance – court’s inherent jurisdiction to strike out/dismiss proceedings – leave to amend/improve counterclaim ex parte – ex parte proof by oral evidence and summoning of assessors.
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27 July 1995 |
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Second appeal challenging concurrent factual findings on land ownership dismissed for lack of merit.
Civil appeal – second appeal – ownership of land – concurrent findings of fact – appellate interference only where demonstrable error – appeal dismissed with costs.
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26 July 1995 |
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Ordinary courts retain jurisdiction over Operation Vijiji land disputes; section 6 of Act No.22/1992 cannot oust access to courts.
Land law – Operation Vijiji – dispute over allocation and trespass to 200 acres. Jurisdiction – effect of section 6 of Act No. 22 of 1992 purporting to confer exclusive jurisdiction on a land tribunal. Constitutional law – ouster of ordinary courts’ jurisdiction; severance of unconstitutional provision to preserve access to courts. Civil procedure – appellate review of concurrent findings of Primary and District Courts.
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25 July 1995 |
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A civil claim for compensation may proceed despite a prior criminal award; assessors’ customary-law findings merit deference.
Criminal and civil remedies – concurrent remedies – civil claim permitted after criminal conviction and criminal compensation; Customary law – applicability of Rangi customary law – weight of assessors’ findings; Proof of tribal affiliation – appellate courts should call evidence if affiliation is material; Appellate review – quashing of district court when it improperly substitutes unsupported factual assumptions.
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21 July 1995 |
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A criminal compensation award does not bar a separate civil claim; assessors’ customary‑law findings stand absent contrary evidence.
Criminal compensation does not bar separate civil claims; application of customary law — assessors’ findings as fact‑findings; appellate duty to call further evidence on pivotal factual disputes (tribal identity).
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21 July 1995 |
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Failure to object at trial bars appellate challenge to an absent handwriting expert's report; convictions and restitution affirmed.
Criminal law – forgery, uttering false documents, conspiracy to defraud, stealing Evidence – admissibility of expert handwriting report tendered without oral testimony; effect of failure to object at trial Appeals – appellate review limited where no contemporaneous objection made at trial Remedies – restitution/refund ordered where trial court made no such order
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21 July 1995 |
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Failure to object at trial to an absent handwriting expert’s report precludes appellate challenge; convictions for forgery and theft upheld.
Criminal law – Forgery, uttering and stealing – Handwriting expert’s report admitted in absence of witness – No objection at trial precludes appellate challenge; convictions upheld.
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21 July 1995 |
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Proceedings before an improper/non-resident magistrate were irregular and a retrial before the resident magistrate was ordered.
Criminal procedure – jurisdiction and competence of magistrates – trial commenced by one magistrate and continued by a district magistrate for offence originating in another district – procedural irregularity renders proceedings a nullity; retrial before Court of Resident Magistrate ordered.
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21 July 1995 |
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Appellate court affirms liability for crop damage where witness evidence and appellant’s admissions establish causation.
Tort — Damage to crops by grazing cattle — Causation established by witness evidence and admissions — Appellate court will not disturb credibility findings of lower courts where supported by record.
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21 July 1995 |
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The appellant's convictions for indecent assault and arson were quashed for lack of proof beyond reasonable doubt.
Criminal law – Appeal – Standard of proof beyond reasonable doubt; indecent assault – whether approach and brief touching constituted completed offence; arson – insufficiency of circumstantial evidence to exclude other reasonable hypotheses; unsafe convictions quashed.
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21 July 1995 |
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An appellate court will not disturb concurrent factual findings or a trial court's damages award absent misdirection or error.
Customary practice – communal farm work invitations – liability for discouraging attendance. Civil liability – loss from wasted preparations – assessment of compensatory damages by trial court. Appellate review – concurrent findings of fact – deference to trial court unless misdirection or error of principle.
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20 July 1995 |
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Guilty plea sustained the convictions, but sentences were excessive for a first-time offender and were to be revisited.
Criminal law – guilty plea – voluntariness and sufficiency of facts read over; sentencing – first offender and guilty plea as mitigating factors; appellate review of excessive custodial sentence.
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19 July 1995 |
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Appellate court set aside acquittal after trial magistrate confused holding a licence with duty to carry/produce it.
Road Traffic Act — s.19(1) (holding a driving licence) distinguished from s.77(1) (duty to carry/produce a licence) Trial procedure — duty of magistrate to seek clarification where witness evidence is ambiguous Misinterpretation of accused's admission and improper interpolation of evidence leading to unsafe acquittal Appeal — substitution of conviction where acquittal is shown to be erroneous
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19 July 1995 |
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Convictions based solely on unreliable visual identification and an improperly conducted identification parade were quashed.
Criminal law – Robbery with violence – Conviction based on visual identification; need for watertight identification and descriptive details. Identification parade – Procedure and safeguards (R. v Mwango) – parade must be properly conducted and recorded. Evidence – Visual identification under sudden assault – inherent unreliability and caution required. Appeal – Convictions unsafe where identification evidence and parade procedure are deficient.
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19 July 1995 |
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A judgment written or pronounced by a magistrate who did not preside is void; matter remitted for rehearing.
Civil procedure – Order XX rules 1–3 – Judgment must be pronounced by or under direction of the presiding judge/magistrate – Judgment written/pronounced by a magistrate who did not hear the evidence vitiates proceedings – Re‑assignment after hearing – Section 96 cannot cure the defect.
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18 July 1995 |
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A primary court's conflicting judgment is a nullity; the majority decision of magistrate and assessors is binding.
Primary court — contradictory judgment — later self‑reversing passage is a nullity; Magistrates' Court Act s.7 — majority decision of magistrate and assessors binding; appellate review — District Court properly reinstated initial unanimous finding; appeal dismissed.
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18 July 1995 |
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A primary court’s later contradictory judgment paragraph is void; the earlier unanimous finding and the District Court’s allowance of appeal stand.
Primary Courts – conflicting entries in a single judgment; majority and unanimous decisions under s.7 Magistrates' Courts Act; validity of later contradictory paragraph in judgment; correctness of appellate review by District Court.
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18 July 1995 |
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Acquittal overturned: admissions and overwhelming prosecution evidence established theft by a postmaster; appeal allowed and conviction entered.
Criminal law – Theft by public servant – evidence – official inspection report, written admission and cautioned statement as proof of theft. Criminal procedure – Appeal against acquittal – appellate interference where trial court’s acquittal is contrary to overwhelming and uncontradicted prosecution evidence.
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17 July 1995 |
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The court quashed the respondent's acquittal where his admissions, receipts and control of safe keys proved theft beyond reasonable doubt.
Criminal law – Theft by public servant – sufficiency of evidence – signed inspection report and written admission – voluntary cautioned statement – documentary receipts and custody of safe keys – appellate review of acquittal and miscarriage of justice.
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17 July 1995 |
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Appeal allowed where registration-card irregularities did not prove appellants' criminal guilt beyond reasonable doubt.
Criminal law – election registration – alleged improper issuance of voter registration cards – whether irregularities establish criminal offences. Evidence – burden of proof – discrepancies (double registration, missing ID forms, differing handwriting) may raise reasonable doubt and defeat conviction. Procedure – appellate review – convictions set aside where prosecution fails to prove guilt beyond reasonable doubt.
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17 July 1995 |
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Conviction unsafe where primary evidence was uncorroborated accomplice testimony and police‑station identification was improper.
Criminal law – Forgery and uttering – Evidence of a witness found in possession of a forged document treated as accomplice evidence – caution and requirement of corroboration – servant’s evidence cannot independently corroborate – improper police-station identification – unsafe conviction where prosecution fails to prove guilt beyond reasonable doubt.
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17 July 1995 |
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Conviction quashed where unsafe police-station identification and uncorroborated evidence of person found with forged cheque prevailed.
Criminal law – Forgery and uttering false document – Reliance on evidence of person found in possession of forged instrument – requirement for independent corroboration. Identification – identification made at police station vs formal parade – dangers of acting on such identification. Evidence – accomplice and interested witness – servant’s evidence cannot corroborate employer; contradictions and bank record irregularities undermine prosecution case.
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17 July 1995 |
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Identification in bright conditions and familiarity with police upheld convictions; three-year minimum sentences affirmed.
Criminal law – Burglary and being armed with intent to burgle – Identification evidence – reliability where scene well illuminated and witnesses familiar with accused; corroboration by dropped iron bar (Exh. P.1). Criminal procedure – Appellate review – credibility findings of trial court entitled to deference absent compelling reasons to overturn. Sentencing – Minimum Sentences Act, 1972 – burglary attracts minimum three-year term; section 5 enhanced rigours not applicable on these facts.
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16 July 1995 |
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Court affirms widow’s appointment as estate administrator, rejecting customary ban and requiring lawful accounting and distribution.
Administration of estates – appointment of administrator – judicial duty to appoint not bound by clan selection; widow may be appointed administrator despite customary objections; administrator’s duty to inventory, account and distribute; removal requires proof of misuse or failure to account.
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13 July 1995 |
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A judgment delivered by a magistrate who did not preside vitiates proceedings and requires a retrial by a different magistrate.
Civil procedure – Judgment – Validity of judgment written/delivered by a magistrate who did not preside – Order XX, Civil Procedure Code – Reassignment of case after evidence – Failure to comply vitiates proceedings – Section 96 inapplicable to cure fundamental procedural defect.
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13 July 1995 |
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An appellant who only assisted in moving dowry and is not shown to be the senior heir cannot be ordered to refund brideprice.
Customary law – brideprice/dowry refund – liability of senior most heir where original recipient dies (GN 279/63). Evidence – mere assistance in driving animals does not establish receipt or ownership – cannot ground refund liability. Civil procedure – appellate review of factual inferences where lower courts misapplied customary law.
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13 July 1995 |
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Appellate court refuses to disturb credibility-based factual findings; damages award for medical expenses upheld.
Civil appeal — concurrent findings of fact and credibility — appellate interference only when findings are manifestly unreasonable; award of damages for medical and related expenses upheld.
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11 July 1995 |
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Appellate court will not disturb concurrent factual findings on credibility and damages absent manifest unreasonableness.
Civil damages for expenses resulting from prosecution; appellate review of concurrent findings of fact and credibility — appellate interference only where findings are manifestly unreasonable.
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11 July 1995 |
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Inconsistent prosecution evidence and errors disbelieving a corroborated alibi rendered a defilement conviction unsafe.
Criminal law – Defilement (s.136 Penal Code) – Proof beyond reasonable doubt – inconsistencies and contradictions in complainant's evidence – alibi and corroboration – improper shifting of burden of proof – consent not a defence for under‑14s.
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10 July 1995 |
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Appellate court upheld conviction: recent-possession inference valid and prior acquittal did not bar prosecution.
Criminal law – recent possession doctrine – recovery of stolen property one month and fourteen days after burglary; applicability to movable items such as a bicycle. Evidence – burden and proof – prosecution’s prima facie case and defendant’s duty to rebut on balance of probabilities; credibility of uncorroborated defence assertions. Criminal procedure – autrefois acquit – when prior acquittal in a separate proceeding does not bar subsequent prosecution for distinct transaction.
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10 July 1995 |
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Sentence imposed without a recorded conviction and unlawful substitution of the charged offence rendered the judgment incurably irregular and was quashed.
Criminal law – conviction and sentence – requirement to specify offence in judgment – s.312(2) Criminal Procedure Act – omission is incurable irregularity. Criminal law – substitution of charge – ss.300, 305 and 234 Criminal Procedure Act – procedural safeguards and need for reasons when convicting for lesser/other offence. Evidence – doctrine of recent possession – need for corroboration or satisfactory explanation before relying on co-accused admissions to convict.
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10 July 1995 |
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Appeal allowed: acquittal set aside where admissions, official inspection report and partial restitution established stealing by a public servant.
Criminal law – stealing by public servant – evidence – official inspection report, written admission and voluntary cautioned statement – partial restitution – appellate intervention where trial magistrate improperly favours defence and acquits despite overwhelming prosecution evidence.
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7 July 1995 |
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Reasonable account of recent possession rebutted presumption of guilt; conviction quashed.
Criminal law – Theft and shop-breaking – recent possession of stolen goods gives rise to prima facie presumption of guilt; satisfactory explanation can rebut presumption – evaluation of witness credibility and proper appreciation of evidence – trap-money and possession by co-accused.
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6 July 1995 |
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Inconsistent defences and credible witness evidence defeated a claim of lack of guilty knowledge; appeal dismissed.
Criminal law – possession of ammunition – proof of unlawful possession – requirement to prove guilty knowledge; effect of inconsistent explanations and recanted cautioned statements on credibility.
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5 July 1995 |
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Inconsistent accused statements and strong eyewitness evidence defeat appeal against unlawful possession conviction.
Criminal law – unlawful possession of ammunition – admissibility of cautioned statement – evaluation of accused’s defence of lack of guilty knowledge – credibility and consistency of prosecution witnesses – appellate review of conviction.
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5 July 1995 |
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4 July 1995 |