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Citation
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Judgment date
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| December 1989 |
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Applicant’s appeal against robbery-with-violence conviction dismissed; on-the-night identification and possession of stolen watch upheld.
Criminal law – Robbery with violence – Identification evidence – Reliability of on-the-scene identification where witnesses knew accused – Possession of stolen property as corroboration – Appellate review of credibility findings.
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30 December 1989 |
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Possession of a recently stolen goat without satisfactory explanation sustained the appellant's theft conviction and five-year sentence.
* Criminal law – Theft – Possession of recently stolen property – Burden to give satisfactory explanation for possession.
* Evidence – Credibility findings – Trial court entitled to reject defence where explanations are fabricated/inconsistent.
* Identification – Positive identification of stolen animal as exhibit supports conviction.
* Appeal – Appellate court will not disturb trial court’s factual findings absent clear misdirection.
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30 December 1989 |
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Robbery convictions upheld on sound identification and recovered property; rape convictions quashed as uncharged offences.
* Criminal law – Robbery with violence – identification evidence – prior acquaintance, adequate lighting and recovery of stolen property corroborate identification. * Criminal procedure – Conviction for uncharged offence – trial court may not convict where charge sheet was not amended and accused not heard. * Sentencing – Minimum Sentences Act – juveniles under 18 exempt from mandatory minimums.
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27 December 1989 |
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Prior final title determinations precluded respondents' bona fide claim; appellate court erred in overturning the Primary Court.
Criminal law – disobedience of court order; criminal trespass – bona fide claim of right; res judicata/finality of earlier title determinations; appellate review of additional evidence.
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22 December 1989 |
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18 December 1989 |
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Suits over customary land must be commenced in the Primary Court; District Court proceedings without leave are void.
Civil procedure — Jurisdiction — Suits concerning immovable property held under customary law must be commenced in Primary Court unless High Court leave obtained; commencement in wrong court renders proceedings null and void — District Court proceedings quashed; fresh suit may be instituted in Primary Court.
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15 December 1989 |
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A licensee's temporary occupation cannot ripen into ownership against land allocated by the competent authority.
* Land law – Adverse possession – occupation as licensee/squatter does not constitute adverse possession against a land allocation by competent authority.
* Evidence – Admissibility and relevance of documentary exhibits (sketch map, prior primary court judgment) to corroborate testimony of land-allocating authority.
* Succession – heir cannot inherit title where ancestor held only a limited licence and was ordered to vacate.
* Remedies – burial and construction during pending suit are wrongful acts that do not create proprietary rights.
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11 December 1989 |
| November 1989 |
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Claim for recovery of land was not time-barred; clerical registry error did not oust competent court's jurisdiction.
* Limitation of actions – recovery of land – actions to recover land governed by 12-year limitation under Limitation Act and applicable regulations.
* Pleadings – substance over form – reliefs sought determine nature of claim (recovery of land vs trespass).
* Jurisdiction – clerical/registry errors do not nullify proceedings where the trial court has jurisdiction; misstatement of court on pleadings is not fatal.
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27 November 1989 |
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Appellants' convictions quashed for reliance on suspicion and insufficient circumstantial evidence.
Criminal law – cattle theft; circumstantial evidence – must exclude every reasonable hypothesis consistent with innocence; conviction cannot rest on suspicion or conjecture; appellate review of trial magistrate’s evaluation of evidence.
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15 November 1989 |
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14 November 1989 |
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Where land title is disputed, parties must pursue civil proceedings; criminal trespass conviction quashed and fine refunded.
Land law – Disputed title – Criminal trespass (s.299(1)(a) Penal Code) – Where ownership is disputed, remedy of civil action to determine title is appropriate – Criminal proceedings inappropriate – Conviction quashed and fine refunded.
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13 November 1989 |
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Conviction for careless driving upheld; sentence reduced to statutory maximum, compensation upheld, and licence suspended three months.
* Criminal law – Road Traffic Act – careless driving – sufficiency of evidence to convict. * Sentencing – legality and statutory limits – unlawful sentence substituted. * Compensation – application of Criminal Procedure Code s.348(1) to traffic cases via Road Traffic Act s.92 – compensation lawful. * Licence suspension – mandatory minimum suspension on conviction unless special reasons pleaded.
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10 November 1989 |
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The applicant could not lawfully close a long‑used passage that constituted the respondent's right of way.
* Easement/right of way – long user since common ancestor – prescriptive or established right of passage versus mere permission.
* Appellate review – concurrent factual findings of lower courts not to be disturbed unless manifestly unreasonable.
* Local/community decisions cannot extinguish an established legal right of way.
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10 November 1989 |
| October 1989 |
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Land ownership disputes must be pursued civilly; threat conviction upheld, omnibus and excessive conditional sentence set aside.
* Criminal law – land disputes – ownership and boundary disputes should ordinarily be resolved in civil proceedings, not by criminal prosecution.
* Criminal law – threatening violence – brandishing a stick and daring others to remove boundary markers can constitute a threat under s.89(2)(a).
* Sentencing – omnibus sentences are unlawful; separate sentences must be imposed for each conviction.
* Sentencing – conditional discharge limits – s.38(1) sets a maximum of 12 months; longer conditional discharges are illegal.
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26 October 1989 |
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Identification evidence at night, by torchlight and in a group, was held insufficient to sustain conviction; appeal allowed.
Criminal law – Identification evidence – Conviction cannot safely rest on bare assertions of recognition made at night with limited lighting and in a group; need for particulars or distinctive features to support identification; benefit of doubt where identification not properly established.
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26 October 1989 |
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Appeal upholds convictions; child witness admissible without voir dire; sentences and compensation adjusted for appropriateness.
Criminal law – Unlawful wounding – Credibility of witnesses – Child witness: age threshold for voir dire – Evidence of a 15‑year‑old admissible without voir dire; Sentencing – appropriateness of fines, default imprisonment and corporal punishment for young persons; Children and Young Persons Ordinance – power to order compensation against parent or guardian (s.21).
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26 October 1989 |
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Procedural recording and seizure irregularities, if not shown to cause prejudice, are curable and do not necessarily vitiate a conviction for unlawful possession of a firearm.
* Criminal procedure — non-compliance with recording of interviews/cautioned statements and seizure receipt formalities — curable irregularities under s.308 of the Criminal Procedure Act.
* Evidence — weight of credibility — minor contradictions about scene location immaterial; conviction may rest on reliable witness testimony and admissions.
* Offences — unlawful possession of firearm and ammunition — proof by discovery at place shown and identification by owner.
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26 October 1989 |
| September 1989 |
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12 September 1989 |
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The applicants’ robbery-with-violence convictions were upheld because eyewitness identification and medical corroboration were reliable.
Criminal law – Robbery with violence – Identification evidence – Witnesses who knew accused personally, short-range observation and adequate lighting bolster reliability of identification; medical report corroborating assault supports conviction.
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1 September 1989 |
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The appellant's conviction for robbery with violence was upheld based on reliable eyewitness identification and proper identification procedures.
* Criminal law – Robbery with violence – sufficiency of evidence – eyewitness identification and identification parade – reliability and prior acquaintance of witnesses. * Criminal procedure – alibi – weight of evidence where eyewitness identification is consistent and credible. * Appeal – interference with trial court findings – appellate court will not disturb convicting findings supported by overwhelming and reliable evidence.
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1 September 1989 |
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Convictions quashed where prosecution failed to adequately identify stolen property and reasonable doubt remained.
* Criminal law – Theft – Identification of stolen property – Prosecution must adduce positive evidence linking property to owner; non-production of exhibits and absence of inventory witnesses may vitiate conviction; possibility of inside theft raises reasonable doubt.
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1 September 1989 |
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Appellate court upholds convictions where militia witnesses were credible and PF3 medical evidence was admitted, dismissing the appeal.
Criminal law – Offences involving restricted goods and cross‑border arrest – credibility of people’s militia witnesses – no absolute duty to call civilian corroborative witnesses where none present; Criminal procedure – medical evidence (PF3) admissibility to prove injuries; Appeal – trial court’s site inspection and findings of fact – convictions and concurrent sentences upheld.
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1 September 1989 |
| August 1989 |
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Plaintiff’s title claim failed; he was held a trespasser and evicted, defendant awarded Shs.2,000,000 general damages.
Land law – customary and administrative allocation of village land – Operation Uka/me allocation – validity of title application and procedural requirements – forgery of village/ward minutes – trespass and reliefs – limitation bar to claims for destroyed crops – assessment of general damages for loss of use.
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25 August 1989 |
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Conviction quashed and retrial ordered due to procedural irregularities and risk of bias affecting the applicant.
Criminal procedure – procedural irregularities and recusal/apprehension of bias – right to fair trial and appearance of justice – effect of flaws on convictions and remit for retrial; seizure under distress warrant to satisfy compensation while appeal pending.
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10 August 1989 |
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Convictions quashed where identification was unreliable, no identity parade occurred, and there was no corroboration.
Criminal law – Identification evidence – Adequacy of visual identification at night – Necessity of identity parade and independent corroboration – Convictions unsafe where identification unreliable.
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8 August 1989 |
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Reported
Criminal Practice and Procedure - Corroboration - Necessity of corroboration where conditions of identification are unsatisfactory.
Criminal Practice and Procedure - Identification - Case dependent on identification - Evidence to be watertight.
Criminal Practice and Procedure - Substituted conviction - Offence to be minor and cognate. |
8 August 1989 |
| July 1989 |
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Conviction for making false cheques quashed for lack of evidence linking appellant to creation or knowledge of falsity.
Criminal law – Making false documents – Whether accused proved to be maker of alleged false cheques; Evidence – Admissibility of foreign statement under s.35(1)(a)(T) Evidence Act; Criminal intent – Proof of knowledge of falsity required; Alternative charges (uttering) – insufficient evidence to establish knowledge; Appeal – conviction quashed for lack of proof beyond reasonable doubt.
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1 July 1989 |
| June 1989 |
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30 June 1989 |
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28 June 1989 |
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Ex parte judgment awarding admitted rent and telephone debts where the respondent was validly served and failed to defend.
* Civil procedure – Service of process – service effected after refusal to accept documents – valid service and effect on proceedings
* Civil procedure – Ex parte proceedings – entry of judgment where defendant fails to appear or defend
* Contract/debt – admission of debt in writing and demand – evidentiary sufficiency to support judgment
* Remedies – award of damages for property removal (mosquito gauze) and interest and costs
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15 June 1989 |
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After acquittal, seized property should be restored to the person from whose possession it was taken if ownership is not proved.
Criminal procedure — Seizure and disposition of exhibits; Acquittal — restoration of property to person from whose possession it was seized where prosecution fails to prove complainant’s ownership; Identification of exhibits — burden on prosecution.
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15 June 1989 |
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Evidence (witnesses, delivery note, admission) supported conviction for theft by agent; three‑year sentence upheld.
Criminal law – theft by agent – sufficiency of evidence where agent entrusted with goods; credibility findings; use of delivery note and post‑arrest admissions; sentence review – harshness versus manifest excess.
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1 June 1989 |
| May 1989 |
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A co‑accused’s voluntary cautioned statement can convict him, but cannot alone sustain convictions of others without corroboration.
* Criminal law – Burglary and theft – recovery of stolen property – identification by marks on property. * Cautioned statement – admissibility and weight – voluntary admission by one accused can sustain that accused’s conviction. * Co-accused statement – requires independent corroboration before it can support conviction of another accused. * Possession of suspected stolen property – bona fide purchase defence may render conviction unsafe.
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31 May 1989 |
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Conviction for unlawful wounding upheld: credible single-witness testimony and medical evidence proved guilt beyond reasonable doubt.
* Criminal law – Unlawful wounding – stabbing to abdominal cavity; sufficiency of evidence.
* Evidence – single-witness testimony – credibility can suffice where supported by medical/external evidence.
* Evidence – medical exhibit (Exh P1) confirming wound and operations.
* Appeal – appellate assessment of plausibility of defence and safety of conviction.
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31 May 1989 |
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Applicant’s appeal dismissed; trial court’s credibility findings and rejection of alibi upheld; conviction and sentence sustained.
Criminal law – Theft by agent (s.273(b) Penal Code); witness credibility – relatives as witnesses; alibi – rejection of bus tickets as unreliable; variation of compensation order to immediate effect.
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23 May 1989 |
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Appellant's duress defence failed; eyewitness identification and prompt police action sustained robbery convictions and seven‑year sentences.
Criminal law – Robbery with violence – Eyewitness identification in broad daylight; prompt reporting and immediate police pursuit and arrest; defence of compulsion/duress — factual evaluation; appeal dismissed; concurrent custodial sentences.
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23 May 1989 |
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Appeal dismissed; evidence proved appellant's dangerous driving causing multiple deaths and injuries; convictions and sentences upheld.
Traffic offence — dangerous driving causing death and bodily injury; credibility of eyewitnesses and sketch map; vehicle inspection report disproving pre-accident defects; appellate review of conviction, sentence and driving disqualification.
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23 May 1989 |
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Appeal dismissed: evidence and vehicle inspection disproved brake-failure defence; dangerous-driving convictions and sentences upheld.
Road traffic — dangerous driving causing death and injury — credibility of eyewitnesses and sketch plan corroboration — vehicle inspection report rebutting mechanical-defect defence — concurrent custodial sentences and driving disqualification upheld.
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23 May 1989 |
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A co-accused’s confession requires independent incriminating corroboration; jumping bail alone is insufficient.
* Evidence Act (s.33) – confession by co-accused – confession may be considered against another but conviction cannot be based solely thereon; corroboration required.
* Corroboration – must be evidence which incriminates or connects accused with the offence; post-offence conduct (e.g. jumping bail) is generally inadequate.
* Criminal procedure – conviction in absence of identification or connecting evidence cannot be upheld merely on co-accused’s statement plus escape from bail.
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9 May 1989 |
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Appellate court upheld burglary and theft convictions, rejecting alleged witness-denial and exhibit mix-up, and dismissed the appeal.
* Criminal law – Burglary and stealing – identification and recovery of stolen property – owner identification of seized items. * Criminal procedure – Alleged denial of fair trial by refusal to call a defence witness – importance of raising matters at trial. * Evidence – Alleged ‘mix-up’ of exhibits at police station not raised nor tested at trial cannot be relied on at appeal. * Sentencing – application of statutory minimum sentences and concurrent sentencing. * Appeal – conviction and sentence upheld; appeal dismissed.
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9 May 1989 |
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Appeal dismissed: recent possession and credible witness evidence upheld convictions for burglary and theft.
Criminal law – Burglary and theft – Circumstantial evidence and recent possession – Credibility findings of trial court – Appellate interference – Right to call witnesses and fairness of trial.
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9 May 1989 |
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Circumstantial evidence did not irresistibly point to the appellants' guilt, so convictions and confiscation were set aside.
Criminal law – Circumstantial evidence – proof beyond reasonable doubt – circumstances must irresistibly point to guilt; alternative explanations can create reasonable doubt. Theft – custodial responsibility of watchmen – missing vehicle parts and oil leakage. Appeal – conviction unsafe, set aside; confiscation order set aside.
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6 May 1989 |
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Whether circumstantial evidence irresistibly proved the applicants' guilt for theft.
Criminal law — Circumstantial evidence — Conviction requires that circumstances irresistibly point to guilt; reasonable alternative explanations defeat conviction — Appeal — Quashing of convictions, sentences and compensation where circumstantial case unsafe.
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6 May 1989 |
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Circumstantial evidence upheld the appellant's theft conviction, but his seven-year sentence was reduced to three years.
Criminal law – Theft – Circumstantial evidence – Sufficiency to convict in absence of direct evidence – Alibi – Sentence excessive; appellate reduction from seven to three years.
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6 May 1989 |
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An appeal disputing only factual findings cannot succeed where the appellant's confession and evidence support conviction.
* Criminal law – Burglary/theft – Admission/confession – Appellant admitted entering house and stealing purse containing cash. * Appellate review – Second appeal – Concurrent findings of fact – Where no point of law is raised, appellate court will not disturb factual findings supported by evidence.
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3 May 1989 |
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Appeal against convictions for personating a public officer and obtaining goods by false pretences dismissed; convictions and concurrent sentences upheld.
* Criminal law – personation of public officer – obtaining goods by false pretences – sufficiency of identification and circumstantial evidence – alibi properly rejected.
* Evidence – credibility of witnesses, conduct after alleged offence (flight and possession of incriminating papers) supporting inference of guilt.
* Appeal – criminal conviction and concurrent sentences upheld where prosecution case proved beyond reasonable doubt.
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2 May 1989 |
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Appellate court quashed conviction for theft due to insufficient evidence and improper adverse inferences against the appellant.
* Criminal law – Theft by public servant (s.270 Penal Code) – Insufficiency of evidence to convict absent direct or circumstantial link to stolen property. * Evidence – Adverse inference – Improper to infer guilt from failure to report or check without supporting facts. * Appeal – Conviction quashed where trial court failed adequate scrutiny and evidence pointed to co‑accused. * Sentencing – Statutory minimum sentence set aside where conviction unsupportable.
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2 May 1989 |
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Appeal dismissed: robbery proved and the appellant properly identified, conviction and sentence upheld.
Criminal law – Robbery with violence – sufficiency of evidence establishing occurrence of robbery; Identification evidence – visual identification at scene and identification parade; Proof beyond reasonable doubt – appellate affirmation of conviction.
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2 May 1989 |
| April 1989 |
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Plaintiff proved supply and partial payment; judgment for outstanding balance with bank-rate then court-rate interest and costs.
Debt; supply of goods proved by delivery notes and invoices; partial payment established by receipts; account balance recoverable; interest at bank rate from suit date to judgment and court rate thereafter; costs awarded to plaintiff.
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28 April 1989 |
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Circumstantial evidence must irresistibly point to guilt; sufficient against first appellant but insufficient against second.
Criminal law – Theft – Circumstantial evidence – Circumstantial facts must be inconsistent with innocence and point irresistibly to guilt – Application to convictions of night watchmen for theft of vehicle parts.
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27 April 1989 |