|
Citation
|
Judgment date
|
| December 1971 |
|
|
Conviction quashed where it rested on uncorroborated, unreliable accomplice evidence and unexamined motives to fabricate.
Criminal law – Theft by public servant – Conviction based on accomplice evidence – Requirement for caution and corroboration – Appellate review where background circumstances (relationships, jealousy, motive to fabricate) render accomplice evidence unreliable.
|
16 December 1971 |
| October 1971 |
|
|
The applicant’s appeal against conviction for failing to record a killed game animal is dismissed as without merit.
* Wildlife conservation offences – Failure to record a game animal killed on a licence – Whether omission by investigating officer to note particulars vitiates conviction – Appeal dismissed where trial magistrate properly addressed complaint and record contains no basis for reversal.
|
23 October 1971 |
|
|
23 October 1971 |
|
|
23 October 1971 |
|
|
23 October 1971 |
|
Evidence did not prove house‑breaking; conviction substituted for entering a dwelling house under section 25 and appeals dismissed.
Criminal law – house‑breaking (breaking and entering) – requirement of proof of forced entry – where no evidence of broken doors or windows, offence may be properly framed as entering a dwelling house (s.25 Penal Code); recent possession evidence and substitution of conviction on appeal.
|
23 October 1971 |
|
Entry via an aperture between wall and roof does not automatically constitute "breaking"; prosecution must prove that element.
Criminal law – store‑breaking – element of "breaking" – entry/exit via aperture between wall and roof – necessity/purpose of aperture and adequacy of evidence.
|
23 October 1971 |
|
Partial allowance: hunting convictions partly upheld; controlled-area and possession convictions quashed; sentences reduced.
* Criminal law – Fauna Conservation Ordinance – proof of location – necessity to prove that offences occurred within a specified controlled area. * Criminal law – unlawful possession of government trophies – requirement to produce physical exhibits; limits of relying solely on certificates/secondary evidence. * Appeal – evaluation of witness credibility – trial magistrate entitled to prefer prosecution evidence over appellant’s unsworn statement. * Sentencing – appellate reduction where original fines and default imprisonment are excessive or disproportionate.
|
18 October 1971 |
|
Appellant’s theft conviction quashed and substituted for receiving stolen property; sentence reduced as original term exceeded statutory maximum.
Criminal law – Theft vs. receiving stolen property; inference of theft from possession; identification of stolen property; substitution of conviction; illegal/manifestly excessive sentence; resentencing.
|
15 October 1971 |
|
|
12 October 1971 |
|
|
8 October 1971 |
|
|
8 October 1971 |
|
The appellant's conviction for attempted defilement was upheld, but his excessive sentence and corporal punishment were set aside and reduced.
Criminal law – Attempted defilement of a girl under twelve – Conviction upheld on strong evidence; Sentencing – excessive custodial term and corporal punishment set aside; Courts must avoid vindictive sentencing based on moral indignation; Consideration of absence of physical injury and contemporary sentencing standards.
|
1 October 1971 |
|
Appeal upheld on sentence reduction: pleas found unequivocal, convictions affirmed, nine‑month sentences reduced to four months.
* Criminal law – Plea of guilty – Whether plea was unequivocal and properly recorded; * Criminal procedure – Adequacy of prosecutor’s statement of facts at plea; * Sentencing – Whether an aggregate nine‑month term for riot was excessive and liable to reduction.
|
1 October 1971 |
|
Appellate court upheld convictions based on reliable identification and corrected the sentencing order to a single corporal-punishment order.
* Criminal law – Identification evidence – Reliability of ocular identification by torchlight – Corroboration by admissions regarding presence at scene of planning. * Criminal procedure – Appellate review – Trial court’s factual findings on identification entitled to deference absent compelling reason. * Sentencing – Corporal punishment orders – Only a single order for corporal punishment may be made; sentencing order varied accordingly.
|
1 October 1971 |
| September 1971 |
|
|
Appellants' ownership claim rejected where complainant's detailed identification supported convictions; appeal dismissed.
* Criminal law – Cattle theft – Identification of stolen animals by special marks – Sufficiency of complainant’s oral description to establish identity and ownership – Appellate review of trial magistrate’s findings.
|
18 September 1971 |
|
Appeal against burglary conviction dismissed where appellant was found red-handed and evidence proved guilt beyond reasonable doubt.
Burglary – Evidence – Appellant caught red-handed after struggle; weapons found; hole in wall observed by witnesses; conviction affirmed; sentence (2 years + 24 strokes) lawful.
|
18 September 1971 |
|
Appeal dismissed: magistrate’s credibility findings and convictions for motor-vehicle theft upheld; sentences affirmed.
* Criminal law – Theft – Whether evidence that accused were found on/with a motor vehicle after police intervention proved theft beyond reasonable doubt. * Evidence – Credibility findings – Deference to trial magistrate on acceptance or rejection of witnesses’ accounts. * Sentencing – Whether sentence was excessive.
|
18 September 1971 |
|
Court affirmed appellant's conviction for shop-breaking and stealing, finding evidence conclusive and sentence appropriate.
Criminal law – Shop breaking and stealing – sufficiency of evidence – credibility of accused’s explanation – appellate review of trial magistrate’s factual findings – sentence proportionality – appeal dismissed.
|
18 September 1971 |
|
Appeal against cattle-theft convictions dismissed; trial court’s findings on ownership and identification and the minimum sentence upheld.
Criminal law – Cattle theft (ss. 268, 265 Penal Code) – Appeal – Appellate review of trial court’s findings on ownership and identification – Sentence affirmed as minimum under law.
|
15 September 1971 |
|
The appellant’s appeal against conviction and a 12‑month sentence for grievous harm was dismissed; trial findings upheld.
Criminal law – grievous harm (s.225 Penal Code) – appellate review of conviction and sentence – appellate court will not interfere where trial magistrate’s findings are supported by the record; sentence of 12 months held not excessive.
|
15 September 1971 |
|
Appeal against convictions for burglary, stealing and bhang possession dismissed for lack of merit and overwhelming evidence.
* Criminal law – Burglary, stealing and possession of bhang – sufficiency of evidence and credibility findings.
* Appeal – appellate review of trial court findings; absence of appellant and representation does not automatically vitiate conviction.
* Criminal procedure – memorandum of appeal must raise arguable grounds to attract appellate consideration.
|
15 September 1971 |
|
Appellant’s late claim of being robbed did not negate credible eyewitness evidence; appeal against robbery conviction dismissed.
* Criminal law – Robbery with violence – Appeal against conviction – credibility of eyewitness evidence; * Procedural law – fresh grounds first raised in memorandum of appeal; failure to assert defence at arrest or trial; * Appellate review – no reason to overturn trial magistrate’s careful findings.
|
15 September 1971 |
|
Conviction reduced from grievous harm to assault causing actual bodily harm; sentence and compensation affirmed.
Criminal appeal – conviction substituted from grievous harm (s.225) to assault causing actual bodily harm (s.241) – medical evidence controls offence classification – sentence of 18 months upheld – compensation of Shs.200 not excessive.
|
15 September 1971 |
|
Conviction for malicious damage remitted for retrial because the Primary Court's ownership order was not placed before the trial court.
Criminal law – Malicious damage to property – Proof of ownership – Absence of Primary Court order on record – Material omission affecting conviction – Case remitted for retrial to produce Primary Court order.
|
11 September 1971 |
|
Appeal dismissed; identity and corroborative evidence upheld, convictions and sentences affirmed.
* Criminal law – robbery with violence – proof of identity – identification in broad daylight and seizure of stolen money as corroboration.
* Criminal procedure – appeal – sufficiency of evidence and appropriateness of sentence – appellate court upholds conviction and sentence where identity and corroborative evidence are clear.
|
10 September 1971 |
|
Appellate court quashed conviction where failure to identify stolen animal and prolonged delays rendered the prosecution case unsafe.
Criminal law — Evidence — Identification of stolen property; delay and prejudice — Fair trial and prolonged pre-trial detention; Stock Theft — receiving as constituent of theft; reliability of witnesses who were suspects or related to suspects.
|
8 September 1971 |
| August 1971 |
|
|
Conviction for giving false information quashed where evidence was contradictory and the trial magistrate misdirected himself.
Criminal law – Offence of giving false information to a public servant (s.122(b) Penal Code) – Conviction unsafe where evidence contradictory and trial magistrate misdirected on sequence and motive – Appeal allowed; conviction quashed and fine refunded.
|
25 August 1971 |
|
Conviction for cattle theft quashed where single-witness evidence was insufficient and trial court’s reasoning was inconsistent.
* Criminal law – Cattle theft – sufficiency of evidence – reliance on single eyewitness – whether proof beyond reasonable doubt established.
* Criminal procedure – Evaluation of accused’s explanation – requirement that trial court’s findings be consistent with record.
* Burden of proof – prosecution’s duty to prove guilt beyond reasonable doubt – unsafe conviction to be quashed.
|
25 August 1971 |
|
One zebra possession conviction quashed for insufficient proof; other trophy‑possession convictions upheld with varied sentences.
* Wildlife offences – unlawful possession of government trophies – sufficiency of proof – reliance on licences and certificates of ownership; documentary inconsistencies and lack of direct proof may give rise to reasonable doubt. * Evidentiary burdens – assessment of transfer/authority where licence is in another’s name. * Sentencing – variation where proven number of animals is less than charged. * Procedural error – lumping of multiple charges not always fatal if individual findings sustainable.
|
21 August 1971 |
|
Applicants' convictions reduced to actual bodily harm, sentence reduced for immediate release and compensation order quashed.
Criminal law – Penal Code s225 (causing grievous harm) – evidence insufficient to support grievous harm; conviction varied to s241 (assault causing actual bodily harm); self‑defence; sentence excessive; compensation order quashed.
|
20 August 1971 |
|
Handwriting opinion and hearsay ownership evidence were inadequate to sustain convictions for attempted stealing and forgery; convictions quashed.
Criminal law — Evidence Act s.49 — Handwriting identification — "Acquainted with the handwriting" requires seeing the person write; mere familiarity insufficient; hearsay as to ownership inadmissible; possession alone insufficient to prove theft/attempted stealing.
|
20 August 1971 |
|
Credible witness identification and handwriting evidence upheld convictions for stealing by servant and forgery; appeals dismissed.
Criminal law – Stealing by servant – collection and receipt evidence; Forgery – originals versus duplicates, handwriting expert opinion, intention to defraud; Credibility assessment and admissibility of investigating officer's hearsay; Sentences upheld as not excessive.
|
20 August 1971 |
|
Conviction cannot stand where identity of driver is doubtful and an alleged police admission was rightly excluded.
Traffic offences – identification of driver – standard of proof and reasonable doubt; conflicting prosecution witnesses; admissibility of alleged confession to police.
|
20 August 1971 |
|
Convictions for assault upheld despite weak eyewitness testimony; fine reduced as excessive given minor injuries and circumstances.
Criminal law – Assault occasioning actual bodily harm – Sufficiency of evidence where eyewitness accounts are weak but medical report confirms injury – Appellate review of convictions and reduction of an excessive fine.
|
13 August 1971 |
|
Identification of a dark box and nighttime visual ID were insufficient to prove robbery beyond reasonable doubt; conviction quashed.
Criminal law – Robbery – Identification evidence – Property identification (box/clothes) – generic description insufficient to connect recovered items to accused – Visual identification at night – unreliable where lighting and identification procedure inadequate – Benefit of doubt and acquittal.
|
13 August 1971 |
|
|
6 August 1971 |
|
|
6 August 1971 |
|
The applicants' conviction for theft upheld where the complainant’s identification was found to be proved beyond reasonable doubt.
* Criminal law – Theft from the person – Identification evidence – whether identity proved beyond reasonable doubt.
* Criminal procedure – Appeal – Appellate interference with trial magistrate’s findings of fact and credibility.
* Criminal law – Multiple charges – acquittal on rape; conviction upheld on theft contrary to section 269(a) Penal Code.
|
6 August 1971 |
|
Complainant and spouse identification upheld; procedural complaint unargued; appeal dismissed and conviction affirmed.
* Criminal law – Robbery – Identification evidence – Whether complainant and spouse identification sufficient to convict the accused.
* Criminal procedure – Admissibility/complaints about excluded evidence – Appellant must raise procedural complaints properly and advance grounds of appeal.
* Appeal – Where no arguable grounds are advanced, appeal may be summarily rejected.
|
3 August 1971 |
| July 1971 |
|
|
Forfeiture orders invalid where magistrate fails to cite statutory authority and record reasons; produce returned to appellants.
Criminal law – statutory forfeiture – necessity to specify statutory authority for forfeiture; requirement to record reasons showing judicial application of mind; proportionality of penalties; appellate power to set aside defective or disproportionate forfeiture orders.
|
30 July 1971 |
|
Appeal allowed where identification evidence was insufficient and conviction for robbery with violence was unsafe.
* Criminal law – robbery with violence – identification evidence – adequacy and manner of identification – necessity to prove identity beyond reasonable doubt.
* Criminal procedure – appellate review – misdirection by trial magistrate regarding identification for which no evidence existed – conviction unsafe.
|
30 July 1971 |
|
Evidence established indecent assault, not attempted rape or robbery; convictions for robbery and attempted rape were quashed and substituted with indecent assault.
* Criminal law – Attempted rape – distinction between acts of preparation and acts proximate enough to constitute attempt – need to undress or come sufficiently close to consummation. * Criminal law – Robbery with violence – requirement for proof beyond reasonable doubt, effect of absence of recovered stolen property. * Substitution of conviction – where evidence supports lesser offence of indecent assault.
|
30 July 1971 |
|
The stealing conviction and six‑month sentence are upheld, but the burglary conviction is quashed because the appellant was not a trespasser.
* Criminal law – Theft – Sufficiency of evidence to support conviction where complainant identified property and accused failed to rebut evidence.
* Criminal law – Burglary (s.294(2)) – Element of unlawful entry/trespass; co‑occupant with lawful right of entry cannot be convicted of burglary on that basis.
* Sentencing – Six‑month sentence for stealing held not excessive; immediate release ordered where sentence already served.
|
30 July 1971 |
|
Failure to obtain medical evidence when accused appears of unsound mind and sentencing without required safeguards rendered continued detention unjustifiable.
* Criminal procedure – section 164 Criminal Procedure Code – duty to inquire and order medical examination where accused appears of unsound mind; medical report as condition precedent to detention.
* Validity of plea – plea entered without medical evidence of fitness may be unsafe.
* Sentencing irregularities – failure to allow special circumstances and failure to determine age before corporal punishment under Minimum Sentences law.
* Relief – release where procedural defects and prolonged detention cause prejudice.
|
30 July 1971 |
|
Forfeiture of a recognizance requires an adjourned opportunity for sureties to show cause; a nominal penalty may replace an improperly imposed large forfeiture.
Criminal procedure – Forfeiture of recognizance – Section 131 Criminal Procedure Code – Where accused merely fails to appear court should adjourn to allow sureties to show cause – Immediate show‑cause hearing akin to ordering payment – Surety obligations and fairness – Substitution of nominal penalty.
|
30 July 1971 |
|
Conviction for storebreaking quashed for lack of proof of breaking; substituted conviction for entering with intent and nine months' jail.
Criminal law – storebreaking (s.296(1)) – element of breaking must be proved; where absent conviction quashed. Substitution of conviction to entering with intent (s.295) under s.186 Criminal Procedure Code; identification evidence and recovery of property; sentence of nine months in absence of aggravating circumstances.
|
23 July 1971 |
|
Appeal allowed: duplicitous counts, insufficient evidence for indecent assault and theft, conviction quashed and sentence set aside.
Criminal law – duplicitous charges/double conviction; sufficiency and corroboration of evidence in indecent assault cases; mens rea for theft (intent to permanently deprive); duty of trial court to address crucial issues; appeal — unsafe conviction quashed.
|
20 July 1971 |
|
Convictions based on inadmissible hearsay and secondary evidence were quashed for lack of proof beyond reasonable doubt.
Criminal law – unlawful possession of government trophies; Evidence – inadmissible hearsay and secondary evidence; Evidence Act requirements for admitting statements/documents not produced; Burden of proof where defendant relies on Certificates of Ownership; False pretences and uttering documents – necessity to prove invalidity/exhaustion of permits.
|
17 July 1971 |
|
Appellant convicted for misappropriating insurance premiums; appellate court reduced excessive cumulative sentence and ordered restitution.
Criminal law – Receiving/misappropriation of insurance premiums by agent – evidence and conviction; Sentencing – multiple consecutive terms – appellate reduction and ordering concurrent sentences; Restitution to complainants ordered.
|
17 July 1971 |