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Citation
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Judgment date
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| December 1977 |
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Sentences for related thefts arising from the same transaction must run concurrently; convictions and compensation upheld.
* Criminal law – Stealing by person employed in public service – Evidence of shortages of society produce and unexplained private sales as basis for conviction. * Criminal law – Attempts to bribe witnesses/officers as evidence of consciousness of guilt. * Sentencing – Where offences arise from same transaction(s) sentences must run concurrently, not consecutively.
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22 December 1977 |
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No civil liability for defence costs where the State prosecutes; private, malicious prosecution required for such claims.
Criminal procedure – initiation of prosecution by private complaint – distinction between private prosecution and State prosecution – civil liability for costs of accused after acquittal – requirement of unreasonable or malicious conduct by private complainer.
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22 December 1977 |
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Conspiracy conviction quashed after co-accused acquittal; attempted theft substituted with attempt to obtain money by false pretences and overall three-year term.
Criminal law – Conspiracy to defraud – Conviction cannot stand where only alleged co-conspirator is acquitted and no other conspirators are alleged; Attempted theft vs. attempting to obtain money by false pretences – preparatory acts insufficient for attempted theft; Evidence – bank employees’ testimony supports convictions for false documents and fraudulent accounting; Sentencing – concurrent sentences resulting in three-year effective term.
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22 December 1977 |
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Appeal dismissed: conviction and sentence for theft upheld after court finds the robbery report was fabricated and compensation order valid.
* Criminal law – Theft – Whether circumstantial and eyewitness evidence supported conviction for stealing where a reported robbery appeared fabricated. * Criminal procedure – Credibility of accused's report to police and in-court account. * Sentencing – Whether a fine of Shs. 1,000 or six months' imprisonment was excessive. * Restitution/compensation – Upholding award to complainant.
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22 December 1977 |
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Appeals dismissed: accomplice evidence properly corroborated; audit reduced proven theft to 133 bags though sentence found excessive.
* Criminal law – theft and housebreaking – corroboration of accomplice evidence – identification of recovered property. * Evidence – quantification of stolen goods where records and acknowledgement vouchers conflict – reasonable inference from unaccounted balance. * Sentencing – manifestly excessive sentence where proven quantity is lower than convicted quantity.
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19 December 1977 |
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Second appellant's robbery conviction upheld; first appellant's robbery conviction quashed and reduced to common assault, with release ordered.
Criminal law – robbery with violence – essential element that violence or threat must be committed for purpose of stealing – where assault is unconnected with taking, conviction for robbery unsafe; evidence of being caught red‑handed supports robbery conviction.
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19 December 1977 |
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Recent possession and reliable identification upheld conviction; mandatory Minimum Sentences Act term applied; appeal dismissed.
Criminal law – identification of property and accused; recent possession doctrine; housebreaking and theft; evidence – credibility of witness identification; sentencing – Minimum Sentences Act s.5(a) and prior convictions; appellate review of credibility findings.
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19 December 1977 |
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Complainant’s identification and bite injury corroboration upheld; mandatory minimum sentences applied and appeal dismissed.
* Criminal law – identification evidence – prior acquaintance, in-field identification and corroborative physical injury support reliability; mistaken identity excluded. * Criminal law – robbery with violence and burglary – statutory mandatory minimum sentences; appellate interference precluded.
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19 December 1977 |
| November 1977 |
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First appellate court affirms arson conviction; accused’s belief kraal was abandoned failed and lenient sentence upheld.
* Criminal law – Arson/destruction of property – Setting fire to another’s kraal and huts – Defence of honest belief of abandonment considered and rejected when accused knew occupant remained in residence.
* Criminal procedure – First appeal – High Court may rehear and reappraise evidence afresh as first appellate court.
* Sentencing – Youth and first-offender status and trivial value of property justify upholding a lenient sentence.
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10 November 1977 |
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Appellant’s burglary and stealing convictions affirmed where recent possession and credibility findings supported prosecution.
* Criminal law – burglary and stealing – evidence of recent possession – inference of guilt where stolen articles found in accused’s possession shortly after burglary.
* Criminal procedure – appellate review – credibility findings of trial court entitled to deference.
* Evidence – identification of property and denial by alleged source of property weaken accused’s defence.
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8 November 1977 |
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Appeal dismissed: conviction upheld where applicant was caught in recent possession of stolen property.
Criminal law – housebreaking and stealing; doctrine of recent possession; rejection of alibi for failure to explain possession; sentence: statutory minimum and concurrent terms.
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8 November 1977 |
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Appeal dismissed: conviction for stealing employer’s petrol upheld and 12-month sentence not excessive.
Criminal law – Theft – Defendant caught red-handed stealing employer's petrol – Conviction upheld; 12 months' imprisonment not excessive – Appeal dismissed.
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4 November 1977 |
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Appeals dismissed: eyewitness identification, possession of stolen goods, and flight supported convictions; mandatory minimum sentence upheld.
Criminal law — housebreaking (s.294(1)) and stealing (s.265) — eyewitness identification and possession of stolen goods — flight as corroboration of guilt — Minimum Sentences Act: mandatory sentence upheld.
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1 November 1977 |
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Applicant’s appeal against convictions for forgery, theft, destruction of evidence and unlawful stamp possession was dismissed.
* Criminal law – Forgery – Manufacturing false pay-in slips and use of a stamp to conceal theft – Expert handwriting and stamp comparison evidence admissible and probative.
* Criminal law – Theft – Messenger entrusted with company takings who failed to bank funds.
* Criminal law – Destroying evidence – Destruction of pay-in slips supporting charge.
* Appeal – Evaluation of trial court’s factual findings – conviction will not be disturbed where judgment is thorough and supported by evidence.
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1 November 1977 |
| October 1977 |
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A belated denial of a clear guilty plea renders the appeal incompetent and subject to summary rejection.
* Criminal procedure – plea of guilty – appellate review – where trial record shows an unequivocal guilty plea, a belated denial on appeal is insufficient to sustain an appeal; appeal may be summarily rejected as incompetent.
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31 October 1977 |
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A conviction based solely on an accomplice’s uncorroborated testimony is unsafe and will be quashed.
* Criminal law – Evidence – Accomplice evidence – A self‑exculpatory statement by an accomplice requires independent corroboration in material particulars before it may be acted upon to the detriment of a co‑accused.
* Criminal procedure – Conviction unsafe where founded principally on uncorroborated co‑accused testimony.
* Appeal – Conviction quashed and appellant released where prosecution lacked corroborative evidence.
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20 October 1977 |
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Two‑week delay in recovery of easily movable goods led the court to substitute burglary conviction with receiving stolen property.
* Criminal law – Burglary and stealing – doctrine of recent possession – whether two‑week delay permits inference of burglary. * Receiving stolen property – substitution of conviction where evidence supports possession but not necessarily commission of burglary. * Identification of property – sufficiency of pre‑identification descriptions and subsequent matching evidence.
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20 October 1977 |
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Recent possession and corroboration upheld appellant's conviction for stealing by servant; appeal dismissed.
Criminal law – theft by servant; doctrine of recent possession; accomplice evidence and requirement for corroboration; sufficiency of corroborative testimony; mandatory minimum sentence.
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14 October 1977 |
| September 1977 |
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Whether confiscation is appropriate for produce lawfully owned and transported to another district for sale due to lack of local market.
* Criminal law – Offence of transporting agricultural produce without permit (s.12(1)(b), Act No.11/1965) – scope of confiscation/forfeiture where goods belong to accused and are being lawfully transported for sale; relevance of absence of local buyer/National Milling Corporation branch and lack of involvement in smuggling.
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29 September 1977 |
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Credible postal and police evidence supported convictions for uttering and stealing postal matter; appeal dismissed.
Criminal law – Uttering false document; Theft of postal matter – identification and corroboration by postal clerk and police witnesses; credibility assessment; sentence not manifestly excessive.
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23 September 1977 |
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Conviction for robbery affirmed on reliable identification; ten-year sentence reduced to lawful eight-year term.
Robbery with violence – identification evidence – recognition by witnesses known to accused – mask fell during struggle – conviction affirmed; sentencing – trial magistrate exceeded statutory power – ten-year sentence set aside and substituted with eight years.
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23 September 1977 |
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Appeal allowed: honest claim of right to withhold property for payment negates stealing absent intent to defraud.
Criminal law – Property offences – Stealing by agent – Defence of honest claim of right (section 9 Penal Code) – Taking to secure payment without intent to defraud is not felonious.
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20 September 1977 |
| August 1977 |
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Appellate court upholds convictions for overpricing and bribery, deferring to trial court credibility findings.
Criminal law – Selling above maximum fixed price; Corruption/bribery – offering inducement not to report; Credibility findings – appellate deference to trial court; Evidence – admission and witness testimony sufficient to convict.
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31 August 1977 |
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Appellant’s conviction for theft by servant upheld on documentary and testimonial evidence; five-year sentence affirmed.
* Criminal law – Theft by servant – Proof beyond reasonable doubt – Documentary evidence (cash-sale receipts and remittance receipts) corroborated by audit and witness testimony – Accounting discrepancies upheld conviction.* Sentence – Five-year imprisonment affirmed as appropriate/minimum in the circumstances.
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31 August 1977 |
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Conviction for cattle theft set aside where prosecution failed to rebut appellant's explanation; appellant acquitted and released.
Criminal law — Theft — Sufficiency of evidence to prove theft beyond reasonable doubt — Duty of prosecution to rebut accused’s explanation or account — Appellate court setting aside unsafe conviction and ordering acquittal and release; civil remedy available to complainant.
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25 August 1977 |
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Conviction in absentia for felony quashed; appellants acquitted of theft but convicted for receiving stolen sheep and sentenced to three years.
Criminal law — conviction in absence — Section 202 Criminal Procedure Code excludes proceeding to convict in felony cases; only warrant of arrest permitted. Identification of stolen property — owner’s description and circumstantial evidence sufficient. Receiving stolen property — guilty knowledge inferred from price, concealment, conduct and flight. Appeal — substitution of conviction and reduction of sentence on appeal.
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25 August 1977 |
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The applicant's appeal against convictions for stealing a cheque and its proceeds is dismissed; convictions and sentence upheld.
* Criminal law – Theft – Theft of cheque and proceeds – Evidence of bank statement, endorsement and payment; corroboration of witness testimony; credibility assessment. * Criminal procedure – Appeal – Evaluation of credibility and sufficiency of corroboration to sustain conviction. * Sentencing – Minimum Sentence consideration where ownership of stolen funds (government v. private student contributions) is unclear; appellate restraint where factual uncertainty exists.
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23 August 1977 |
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Appellant's conviction for theft by public servant upheld where accounting shortfall and failure to account were proven.
Criminal law – Theft by public servant – Evidence of discrepancy between receipts and cash on hand – Failure to account as basis for inference of embezzlement – Credibility findings and appellate restraint on overturning factual findings.
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19 August 1977 |
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Convictions cannot be sustained solely because stolen cattle were found in the employer’s kraal without proof of employees’ knowledge or participation.
Criminal law – cattle theft – presence of stolen property in employer’s kraal – mere employment insufficient to prove participation or knowledge – owner’s payment of compensation suggests owner’s responsibility.
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19 August 1977 |
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Unlawful arrest (failure to inform charge) justified resistance and required quashing of grievous harm conviction.
* Criminal law – unlawful arrest – arrest unlawful ab initio where arrestee not informed of charge; * Right to resist unlawful arrest – resistance may negate criminal liability for injuries caused during the arrest; * Effect of procedural defect in arrest – conviction unsustainable where arrest was unlawful; * Conviction unsupported by Director of Public Prosecutions may be quashed.
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18 August 1977 |
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Possession of recently stolen school property and credible witness testimony upheld the appellants' conviction and mandatory three-year sentence.
Criminal law – breaking and entering (school) – possession of recently stolen property – identification of stolen items – credibility of witnesses and searches – rejection of defence of fabrication – mandatory minimum sentence under the Minimum Sentences Act, 1972.
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8 August 1977 |
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Court taxed the successful party’s bill of costs as presented, finding the claimed instruction fee reasonable despite unsupported objections.
Costs – Taxation of bill of costs – Reasonableness of instruction fee – Unsupported, unparticularised objections insufficient to displace claimed costs – Statutorily authorised items upheld.
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6 August 1977 |
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Primary Court's vague order and lack of evidence of irretrievable breakdown mean no divorce; marriage subsists.
* Family law – Divorce – Whether domestic difficulties between co-wives and relocation of a wife constitute irretrievable breakdown sufficient for divorce. * Civil procedure – Clarity of judgment – Trial court prejudice by reference to prior case not in evidence; indeterminate orders render disposition ineffective.
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1 August 1977 |
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1 August 1977 |
| July 1977 |
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Sole storekeeper's custody and lack of third‑party access supported conviction for theft by servant; prosecution failed to prove higher valuation for harsher sentence.
* Criminal law – Theft by servant – Sufficiency of evidence – Custody of sole key, intact padlock and building, and absence of evidence of third‑party access justify inference of accused’s responsibility.
* Criminal procedure – Burden of proof – Trial court’s factual findings upheld where evidence supports irresistible inference.
* Sentencing – Value of stolen property – Prosecution must prove market value; allegations in charge sheet not accepted without evidence; magistrate should seek valuation evidence before imposing higher sentence.
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25 July 1977 |
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Daytime identification by two witnesses and corroborating elders upheld conviction and mandatory seven-year sentence.
Criminal law – Robbery – Identification evidence – Positive identification by complainant and supporting witness in daylight; corroboration by third parties (elders) – Mistaken identity excluded – Mandatory sentence for robbery upheld.
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18 July 1977 |
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Appeals against wrongful confinement and corruption convictions dismissed; evidence upheld and statutory minimum sentence applied.
* Criminal law – Wrongful confinement – sufficiency and credibility of prosecution evidence. * Corruption – proof of bribery – production of money as exhibit not an absolute requirement. * Evidence – weight and acceptance of witnesses; accused’s right to call witnesses. * Sentencing – Minimum Sentences Act 1972 – application to scheduled corruption offences.
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16 July 1977 |
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Conviction for dangerous driving substituted to careless driving; appellant released as time served sufficed.
Road Traffic Act — distinction between causing death by dangerous driving (s.40(1)) and causing death by careless use of a motor vehicle (s.41); where evidence fails to establish dangerous speed or manner, conviction may be substituted to s.41; sentence may be ameliorated by time already served and first-offender status.
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4 July 1977 |
| June 1977 |
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Appellant's conviction affirmed on identification and recent possession; co-accused lacked evidence linking them to the offence.
Criminal law – Workshop breaking (s.296(1) Penal Code) – Identification evidence – Recent possession doctrine – Ownership admission to arresting officer – Insufficient evidence against co-accused – Misdirection on burden of proof by relying on accused's lies.
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29 June 1977 |
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Conviction and five-year sentence for workshop breaking upheld on identification and recent possession; co-accused lacked sufficient evidence.
Criminal law – workshop breaking (s.296(1) Penal Code) – identification evidence and recent possession – inference of guilt; Sentence – previous convictions and appropriateness of five-year term; Conviction safety – suspicion and lies do not substitute for evidence; Misdirection – treating false statements as proof of guilt.
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29 June 1977 |
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Appeal allowed: intent to defraud not proved; trial court wrongly adopted witness’s legal conclusions.
Criminal law – Fraud and obtaining by false pretences – necessity of proving intent to defraud – inadmissible legal conclusions by lay witness – improper reliance by trial court on witness’s legal interpretations; irregularity or negligence in internal party procedures not automatically criminal.
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27 June 1977 |
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Recent possession and civilian confessions supported conviction for cattle theft; appeals and mandatory minimum sentences dismissed.
Criminal law – cattle theft – identification evidence – confession to civilians – doctrine of recent possession – mandatory minimum sentence upheld.
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27 June 1977 |
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Hearsay cannot prove failure to account; handwriting and circumstantial evidence upheld two theft convictions.
Criminal law – Theft by servant – Proof of non-accounting – Hearsay evidence inadmissible to prove failure to account – Handwriting identification of receipts – Circumstantial evidence (absence from daily summaries and disconnection of service) sufficient to infer misappropriation.
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15 June 1977 |
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Appellant’s conviction for meter bypass set aside where prosecution failed to produce key employer documents and reasonable doubt existed.
Criminal law – obstruction/bypass of electricity meter – circumstantial evidence – prosecution’s duty to produce decisive documents – adverse inference and benefit of doubt – conviction set aside.
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14 June 1977 |
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Confession and capture upheld third accused’s conviction; unreliable identification led to first and second accused being acquitted and released.
* Criminal law – robbery with violence – identity evidence – reliability and contradictions in complainant’s and witness’s identification statements – unsafe identification grounds for setting aside convictions. * Criminal law – confession and presence at scene – apprehension with injury consistent with guilt – sufficient to uphold conviction.
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13 June 1977 |
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Convictions for stealing government cement upheld; appeals dismissed and sentences confirmed under the Minimum Sentences Act.
Criminal law – theft of government property; liability of storekeeper/public servant; receipt and possession of stolen property; evidential weight of witness testimony and inventory checks; adequacy of unsworn statements; sentencing under the Minimum Sentences Act.
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4 June 1977 |
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Appellate court upheld corruption conviction based on credible police testimony and dismissed the appeal.
* Criminal law – Corruption/bribery – Sufficiency and credibility of police evidence – Appellate deference to trial court's credibility findings; procedural note on admission of appeal.
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2 June 1977 |
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Appeal dismissed: customary-law cattle recovery suit not time-barred under GN 311/1963 absent proven unwarrantable delay.
Limitations of actions – Government Notice No. 311 of 1963 – exclusion of customary-law matters from ordinary limitation rules unless unwarrantable delay proved; customary law – recovery of cattle; procedural fairness – opportunity to cross-examine and call witnesses; privity – enforcement of transactions between third parties.
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1 June 1977 |
| May 1977 |
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Conviction upheld where stolen items were found in the appellant's house and the planting allegation was unsubstantiated.
* Criminal law – Burglary and stealing – Recovery of stolen property in accused's house – Identification by sale receipt and serial numbers – Credibility of search conducted in presence of civilian witnesses – Unsubstantiated allegation of police planting – Proof beyond reasonable doubt.
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18 May 1977 |
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Conviction quashed where sole reliance on handwriting expert, without specimens or corroboration, rendered evidence unsafe.
Criminal law – Evidence – Handwriting expert reports – Reliability of calligraphic evidence – Conviction unsafe where expert opinion is sole basis and specimens/corroboration absent.
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7 May 1977 |