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Citation
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Judgment date
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| December 1976 |
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Convictions quashed where police lacked reasonable grounds to suspect radio was stolen, making arrest and escape charge unlawful.
Criminal law – Possession of suspected stolen property – Requirement of reasonable suspicion for lawful arrest – Effect of unlawful arrest on charge of escape from lawful custody – Appellate review of magistrate's factual findings and interpretation of witness evidence.
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29 December 1976 |
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Conviction substituted for stealing by a public servant; intent to repay does not negate fraudulent conversion.
Criminal law – Stealing by public servant – Property need not be government property; fraudulent conversion established by retention and false accounts; intention to repay does not negate fraud (s.258(2)(e)); rectification of conviction under s.346 Criminal Procedure Code; application of Minimum Sentences Act 1972 (minimum 3 years).
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28 December 1976 |
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Appellate court quashed convictions where sole witness’s improbable account and inadequate trial reasoning failed to prove robbery beyond reasonable doubt.
* Criminal law – Robbery with violence – Reliance on single eyewitness – Assessment of credibility and burden of proof beyond reasonable doubt.
* Criminal appeals – Appellate re-evaluation of credibility – Limits where trial court provides specific observations of demeanour.
* Criminal procedure – Adequacy of trial judge's reasons for accepting witness testimony.
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22 December 1976 |
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Appellate court set aside unjustified absolute discharge for employment and compensation offences and imposed fines.
Criminal procedure — Absolute discharge — Trial court's failure to exercise judicial discretion — Appellate intervention to set aside discharge and impose fines; Employment law — record-keeping and issuance of oral contract records; Workmen's Compensation — requirement to insure against employee liability; Sentencing — appropriate exercise of judicial discretion by magistrates.
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17 December 1976 |
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15 December 1976 |
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Appellate interference with a trial court’s assessor-supported credibility findings was unjustified; appeal allowed with costs.
Appeal – standard of appellate review of trial magistrate findings; assessors’ opinions – weight where adopted by trial magistrate; customary law – burden to establish entitlement to disputed items.
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13 December 1976 |
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A divorced woman who remarries before her former husband's death is not entitled to maintenance or inheritance from his estate under Muslim law.
* Succession and maintenance – Muslim law – effect of remarriage by divorced spouse before former husband’s death – disqualification from inheritance and maintenance.
* Evidence – factual finding of remarriage before death – consequences for entitlement to estate funds.
* Appeal – appellate court affirming district court reversal of primary court decision.
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8 December 1976 |
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The appellant's presence, conduct and claim of ownership in a stolen car established his participation in the theft.
* Criminal law – Theft – Participation in theft – Presence in stolen vehicle plus conduct and claim of ownership as evidence of concerted action and party to offence.
* Evidence – Admissions by accused – Partial support of prosecution case cannot be disowned on appeal.
* Sentencing – Severity of sentence for a first offender – court may uphold term given nature and value of stolen property.
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6 December 1976 |
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Dangerous-driving conviction set aside due to ambiguous charge particulars; other plea-based convictions upheld.
* Road traffic law – section 42 offences – distinction between reckless driving, excessive speed, and dangerous driving – requirement for clear statement of offence and particulars.
* Criminal procedure – plea of guilty – competency to plead – sufficiency of magistrate's precautions and prosecutor's factual outline.
* Conviction invalidated where statement of offence and particulars are inconsistent, creating ambiguity.
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2 December 1976 |
| November 1976 |
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Unexplained failure to call a material civilian witness to a search undermines prosecution and warrants quashing convictions.
Criminal law – Search and seizure – Prosecution must call material witnesses who allegedly witnessed seizures; unexplained non-production of such a civilian witness raises reasonable doubt and may require quashing convictions.
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26 November 1976 |
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Conviction quashed because witness evidence was contradictory, improbable and the trial court failed to critically assess credibility.
Criminal law – burglary/theft – unsafe convictions – contradictions and improbabilities in witness testimony – requirement for critical assessment of credibility by trial court – appellate intervention and quashing of conviction where evidence is unreliable.
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21 November 1976 |
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Recent possession, identification and circumstantial evidence upheld conviction for storebreaking and stealing; appeal dismissed.
Criminal law – Storebreaking and stealing – Recent possession doctrine – Identification by serial number – Circumstantial evidence – Key opening premises – Allegation of police planting evidence.
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12 November 1976 |
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Material contradictions in eyewitness identification rendered the appellant's conviction unsafe and were quashed.
Criminal law – Identification evidence – Material contradictions in eyewitness testimony on identity – Unsafe conviction – Appellate intervention to quash conviction where evidence points to an acquitted co-accused.
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5 November 1976 |
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Appeal dismissed on liability; award reduced for arithmetic error and appellant ordered to pay respondents' costs.
* Civil liability – False accusation to police – Damages for wrongful seizure of tools. * Evidence – Ownership claim and alleged mental incapacity of owner – requirement of supporting evidence. * Civil procedure – Appellate correction of arithmetic error in quantum of damages.
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4 November 1976 |
| October 1976 |
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Whether credible identification and possession of stolen goods sustain conviction and mandatory five-year sentence under the Minimum Sentences Act.
* Criminal law – Theft – Identification of stolen goods by maker/tailor – client register and labels as corroboration; possession as evidence of theft.
* Criminal procedure – Appeal – sufficiency of evidence and credibility of denials.
* Sentencing – Minimum Sentences Act 1972 – statutory minimum applied where value exceeds threshold.
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30 October 1976 |
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Appellate court upheld conviction for stealing by agent and confirmed the two-year sentence.
Criminal law – Stealing by agent (s.273(d)) – Credibility of complainant and prosecution witnesses – Rejection of unsupported defence; Sentence review – two years' imprisonment not manifestly excessive.
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29 October 1976 |
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Appellate court dismisses land claim after finding chief's reallocation evidence and lower courts' credibility findings reliable.
* Land law – boundary/shamba disputes – reallocation of customary holdings after Forest Reserve reversion – allocation by local chief as source of title; credibility of local chief’s evidence. * Appellate review – deference to trial court findings of fact and credibility where no misdirection shown. * Evidentiary relevance of prior litigation and orders in determining current possession claims.
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23 October 1976 |
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Appellant’s voluntary admission of paternity upheld; respondent ordered to pay agreed sum and appeal dismissed.
Family law – paternity and legitimation; admission of paternity in presence of magistrate; effect of alleged non‑lucidity on validity of signature; corroborative witness evidence; enforcement of agreed maintenance/legitimation payment; appellate review of primary court findings.
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17 October 1976 |
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Appeal dismissed: respondent’s prior purchase and occupation of the disputed land upheld; matter not res judicata.
Land law – competing title and possessory rights – prior purchase and occupation as proof of entitlement; evidence of conduct at purchase (failure to demand vacant possession) relevant to claim; res judicata – dispute held not to be previously adjudicated.
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2 October 1976 |
| September 1976 |
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A conviction resting only on defence evidence is unsustainable; the prosecution must establish a prima facie case before calling the accused to defence.
Criminal law – Cattle theft – Conviction based solely on defence evidence and co-accused's incriminating evidence – Prima facie case requirement – Section 346 Criminal Procedure Code not a remedy for shifting burden of proof.
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24 September 1976 |
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Convictions upheld on identification and recent possession; omnibus sentence varied to concurrent terms because separate sentences required.
* Criminal law – Theft/housebreaking – Identification and recent possession – Complainant’s identification and possession of stolen property support conviction under doctrine of recent possession.
* Criminal procedure – Defence of ownership – Late assertion of ownership after arrest may be rejected as afterthought.
* Sentencing – Omnibus sentence – Improper to impose one omnibus sentence for distinct convictions; separate sentences should be imposed (concurrent where appropriate).
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23 September 1976 |
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Acquittal set aside where corroborated trap evidence showed a magistrate solicited and received a bribe in relation to official affairs.
* Criminal law – Corruption – Prevention of Corruption Act 1971 s.3 – soliciting and obtaining reward in relation to affairs of principal – existence of underlying charge immaterial.
* Evidence – Use of marked notes and police trap – corroboration of complainant’s testimony by police and independent witnesses.
* Appeal – First appeal as rehearing – appellate court entitled to form its own view of evidence.
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22 September 1976 |
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Convictions quashed where nighttime identification and undistinctive remains rendered the prosecution evidence speculative.
* Criminal law – Evidence – Identification at night – Unreliable eyewitness identification insufficient to support conviction.
* Criminal law – Evidence – Possession of animal remains – Exhibits lacking distinctive marks insufficient to prove ownership of stolen livestock.
* Criminal procedure – Appellate and revisional jurisdiction – Appellate court may quash convictions and set aside sentences where evidence is inadequate, including quashing co-accused convictions under revisional powers.
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20 September 1976 |
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Conviction based on hearsay and an inadmissible police confession was quashed and sentence set aside.
* Criminal procedure – evidence – hearsay – testimony recounting statements of absent witnesses is inadmissible.
* Criminal law – confession – admission to police amounting to confession is inadmissible at trial.
* Conviction unsustainable where prosecution relies solely on inadmissible evidence.
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17 September 1976 |
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An unexplained ten-year delay in pursuing a land claim rendered it hopeless; appeal dismissed for laches.
Land dispute — proof of dispossession; laches/delay in bringing claim; evidentiary weight of witness statements; reversal of primary court for unreasonable delay.
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8 September 1976 |
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Primary court's possession finding restored; spontaneously grown trees belong to landowner, trees planted during dispute are at planter's risk.
Land law – ownership and possession – appellate review of factual findings; spontaneously grown vegetation (wattle trees) belong to the land; planting crops/trees during known dispute at planter’s risk – no compensation.
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6 September 1976 |
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Conviction quashed where inconsistent, unreliable evidence and missing documents created reasonable doubt as to theft.
Criminal law — Theft: adequacy of proof beyond reasonable doubt; Evidence: discrepancies in weights, packaging, seals and chain of custody; Credibility: conflicting witness statements and missing documents; Appellate review: improper reliance on production sheet and failure to evaluate defence with prosecution evidence.
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3 September 1976 |
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Convictions quashed where material contradictions in prosecution evidence and defence witness raised reasonable doubt.
* Criminal law – unlawful possession of illicit liquor (Moshi) – credibility and evaluation of witnesses – material contradictions in prosecution evidence – reasonable doubt raised by defence witness – appellate intervention to quash conviction and order release and refund of fine.
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2 September 1976 |
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Appellate courts should not vary a trial court’s maintenance quantum absent clear proof the trial assessment was wrong.
Family law – child maintenance – proof of separation period – assessment of payer’s means – appellate interference with trial magistrate’s quantum – requirement for Primary Court to record inquiry into means – limitation on ordering additional evidence.
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2 September 1976 |
| August 1976 |
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Appeal allowed: clerical error in judgment cured, but reasonable doubt led to quashing conviction and setting aside sentence.
Criminal law – Stealing by clerks and servants (ss.265, 271 Penal Code) – Misstatement of charge in judgment – clerical error cured by conviction language – sufficiency of evidence and reasonable doubt – Minimum Sentences Act application.
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28 August 1976 |
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Conviction for careless driving quashed for lack of evidence; failure-to-report conviction upheld; sentences found excessive.
* Road Traffic – careless driving – sufficiency of evidence – conviction quashed where no evidence of negligence and primary evidence suggested complainant at fault.
* Road Traffic – duty to report accidents – statutory obligation to report at nearest police station within 12 hours not discharged by taking injured person to dispensary/home.
* Sentencing – statutory minimums – courts retain discretion to impose sentences below minima for shown reasons.
* Remedies – order for return of deposited fine where applicable.
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27 August 1976 |
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Careless-driving conviction quashed for lack of evidence; failure-to-report conviction upheld, sentences found excessive and deposited fines refundable.
Road Traffic Act – careless driving – conviction quashed for lack of evidence; duty to report accidents within 12 hours – conviction upheld; sentencing – courts may exercise discretion to impose sentences below statutory minima; refund of deposited fines.
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27 August 1976 |
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Ambiguous charge and equivocal plea required setting aside proceedings and remitting the case for fresh, properly drafted arraignment.
Criminal procedure – defective or duplicitous charge; ambiguity in particulars (reckless vs careless driving); equivocal plea of guilty; requirement to allow accused to inspect prosecution exhibits; remittal for fresh arraignment on properly drafted charge.
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27 August 1976 |
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27 August 1976 |
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25 August 1976 |
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Possession of stolen goods shortly after theft upheld conviction; appeal dismissed and no compensation ordered.
* Criminal law – Shop breaking and stealing – Possession of stolen goods shortly after theft as strong evidence of guilt. * Appellate review – Trial magistrate’s credibility findings not lightly disturbed. * Compensation – No compensation ordered where notice not served and values of unrecovered items not provided.
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24 August 1976 |
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Eyewitness recognition by torchlight plus flight and recovery of stolen property upheld conviction; appeal dismissed.
* Criminal law – Theft and breaking – Identification evidence – Recognition by torchlight – Reliability of eyewitness identification.
* Criminal law – Circumstantial corroboration – Flight and possession/recovery of property as corroborative evidence.
* Appeals – Appellate interference with trial court’s credibility findings – deference to trial court where witnesses were believed.
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24 August 1976 |
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Appellant’s theft conviction upheld; Minimum Sentences Act inapplicable absent allegation or evidence that employer was a parastatal.
* Criminal law – Theft by servant – Identification evidence – Trial court entitled to accept eyewitness testimony identifying accused as seller of stolen property.
* Sentencing – Minimum Sentences Act – Inapplicability where indictment does not allege and prosecution does not prove that victim employer is a parastatal.
* Sentence substitution – Consideration of time already served when original sentence set aside.
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13 August 1976 |
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Conviction for theft by public servant upheld; sentence reduced because value of stolen trophies was not proved.
Criminal law – stealing by public servant; evaluation of witness credibility and fabrication allegations; evidential requirement for valuation of stolen property affecting sentence; appellate reduction of sentence where value not proved.
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6 August 1976 |
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Conviction for robbery upheld on reliable single-witness identification; uncorroborated adultery defence rejected.
* Criminal law – robbery with violence – reliance on single eyewitness identification – adequacy of identification where accused known to complainant and seen in moonlight.
* Defence – uncorroborated allegation (adultery) as explanation for presence — insufficiency to raise reasonable doubt.
* Evidence – corroborative circumstances (complainant's sandals found) supporting complainant's account.
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6 August 1976 |
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Conviction for theft by a court clerk affirmed based on admissions and missing exchequer receipt duplicates.
Criminal law – Theft by public servant – sufficiency of evidence – exchequer receipts and missing duplicate sheets – proof of conversion to own use – appeal dismissed; sentence and compensation confirmed.
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5 August 1976 |
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Appellant failed to prove entitlement to four cattle; trial assessors’ credibility findings upheld and District Court decision set aside.
Property — Ownership dispute over cattle — Assessment of oral evidence and credibility — Sufficiency of proof on balance of probabilities; Civil procedure — Weight of trial assessors’ findings; Delay and laches in prosecuting claims; Relevance of primary court register entries versus evidence of administrative settlement or local proceedings.
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5 August 1976 |
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Conviction for stealing by servant quashed for failure to prove government ownership and theft from hospital.
Criminal law – Theft by servant – proof of ownership – identification of property – envelopes bearing government imprint do not alone prove contents are government property; accomplice evidence requires corroboration; speculation about access to stores insufficient to prove theft.
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5 August 1976 |
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Confession to a Ward Secretary admissible; property taken in the heat of a fight negates fraudulent intent, conviction reduced to assault.
* Evidence – confession – admissibility of confession made to Ward Secretary – Ward Secretaries not invested with police arrest powers so confession admissible.
* Criminal law – robbery v. assault – taking property in the heat of a fight negates the fraudulent intent required for robbery.
* Procedure – appellate substitution of conviction and sentence – powers under Criminal Procedure Code ss.181 and 346.
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4 August 1976 |
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A conviction based solely on an inherently improbable single-witness account was unsafe and was quashed.
Criminal law – robbery – conviction based on single eyewitness; identification at dusk – dangers of reliance on single witness; credibility and demeanour – appellate intervention where testimony is inherently improbable or contradicted by medical evidence.
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3 August 1976 |
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An afterthought claim of a duplicate key cannot overturn a supported conviction for conversion by a public servant.
* Criminal law – Theft by public servant – fraudulent conversion of government revenue – evidence of duplicate receipts, absence of cash in drawer and post‑arrest admission.
* Evidence – credibility – afterthought defence raised first on appeal (duplicate key) held inadmissible to overturn conviction.
* Appeal – appellate interference – conviction and statutory sentence upheld where trial court's findings were supported by evidence.
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3 August 1976 |
| July 1976 |
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Conviction quashed where procedural gaps, unsigned gate-pass and inconsistent testimony failed to prove theft beyond reasonable doubt.
Criminal law – Theft by person in public service – Sufficiency of evidence – Proof beyond reasonable doubt – Weight of documentary entries and gate-pass without recipient's signature – Credibility and consistency of witness testimony – Effect of procedural irregularities in government stores.
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26 July 1976 |
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Appeal allowed: conviction quashed due to failure to prove receipt of government spares and material variances in evidence.
Criminal law – Stealing by public servant – burden to prove reception/possession of alleged stolen government property – material variance between particulars and evidence – non‑compliance with employer’s spares‑issuance procedure undermines prosecution case.
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1 July 1976 |
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Conviction for uttering false receipts and attempted fraud upheld despite fingerprints linking some receipts to another.
Criminal law – Uttering false documents; attempted obtaining money by false pretences – Sufficiency of evidence where defendant presented disputed receipts – Fingerprint evidence showing another’s prints – Liability limited to documents actually presented.
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1 July 1976 |
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Appellant’s convictions for uttering false receipts and attempting to obtain money upheld despite co‑accused’s successful appeal.
Criminal law – Uttering false documents and attempted obtaining money by false pretences – Sufficiency of evidence; effect of co‑accused’s successful appeal on separate appellant’s conviction; reliance on accomplice evidence.
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1 July 1976 |