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Citation
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Judgment date
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| April 1970 |
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Conviction quashed where magistrate improperly relied on pre-trial statements rather than testing them in court.
Criminal law – possession of suspected stolen property – burden on accused to give reasonable explanation – admissibility and weight of pre-trial/cautioned statements – appellate review of trial court credibility findings (s.312 Penal Code).
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30 April 1970 |
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Appeal against theft conviction dismissed; trial court’s acceptance of prosecution evidence and sentence confirmed.
Criminal law – Theft (s.265 Penal Code) – sufficiency of evidence – credibility assessments of accused and prosecution witnesses – appellate review of magistrate’s findings. Appeal procedure – summarily rejecting appeals lacking substance. Sentencing – severity for first offender weighed against value and circumstances of theft.
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30 April 1970 |
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The appellant's appeal is summarily rejected where trial evidence credibly proved theft and assault and no record-based grounds were shown.
Criminal law – Theft by public servant (ss.265, 270 Penal Code) – Assault causing actual bodily harm (s.241 Penal Code) – Sufficiency and credibility of prosecution evidence. Appeal procedure – Raising new allegations on appeal – Allegations unsupported by trial record are improper grounds for appeal. Summary rejection – Appeal lacking substantive grounds may be summarily dismissed.
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30 April 1970 |
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Amendment of charge permissible where evidence varies; conviction upheld but illegal excessive sentence reduced.
Criminal procedure — Amendment of charge under section 209(1) — Variance between charge and evidence may render charge defective — Court may call accused to answer lesser offence under sections 161, 181(1), 206(1) — Conversion not amounting to theft — Sentence exceeding statutory maximum unlawful.
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29 April 1970 |
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Conviction quashed where identification was unreliable and a spouse's alleged admission was inadmissible hearsay.
Criminal law – store breaking and stealing – sufficiency of evidence to prove guilt beyond reasonable doubt. Evidence – hearsay – alleged admission by spouse inadmissible where spouse not called and not compellable. Evidence – identification of stolen property – trial record must show method of identification for ordinary manufactured items.
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29 April 1970 |
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Appellate court upheld conviction for conveying suspected stolen property based on credible eyewitness evidence and suspicious circumstances.
Criminal law – Conveying property suspected to be stolen – Sufficiency of evidence where conviction rests on single eyewitness's testimony and surrounding suspicious circumstances. Credibility – Trial magistrate’s acceptance of eyewitness evidence – appellate court’s deference where no reason to doubt reliability. Criminal procedure – Appeal summary rejection where no substantial ground shown.
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29 April 1970 |
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Conviction for theft by servant quashed where shared safe access created reasonable doubt.
Criminal law – Theft by servant – Whether guilt proved beyond reasonable doubt where safe keys were shared. Evidence – Circumstantial and conflicting witness testimony – reasonable doubt. Commercial administration – Co‑operative safe security; need for dual‑key procedures; risk of negligence and surcharge. Criminal procedure – Unsafe conviction set aside where access and opportunity not clearly established.
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29 April 1970 |
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Conviction for burglary and stealing upheld on strong identification and recovery evidence despite improperly admitted character evidence.
Criminal law – Burglary (s.294(1)) and stealing (s.265) – Identification and recovery of stolen property; Criminal procedure – Admissibility of character evidence where character not put in issue; Harmless error doctrine; Summary dismissal of frivolous appeals.
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29 April 1970 |
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Appeal confirms unlawful hunting and theft convictions; overlapping possession charge quashed and public‑servant theft charge substituted.
Criminal law – wildlife offences and trophies – proof of unlawful hunting without licence; Theft – elements and alternate charges – cannot convict for both theft and unlawful possession arising from same facts; Stealing by public servant – requires nexus between office and theft; Fauna Conservation Ordinance s.44 – not a criminal limitation period; Procedural complaints (investigation by non‑inspector, alleged judicial bias) insufficient to vitiate proceedings.
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29 April 1970 |
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The applicant’s appeal against a clear red‑handed theft conviction and statutory minimum sentence was summarily rejected.
Criminal law – Theft – Conviction upheld where accused caught red‑handed with stolen goods after accomplice distracted attendant. Evidence – Eyewitness and recovery of goods provided sufficient proof of guilt. Appeal – Appeal without sufficient grounds may be summarily rejected. Sentencing – Sentence was the minimum under the Minimum Sentences Act; first offender status noted.
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28 April 1970 |
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The appellant's appeal was summarily rejected because evidence conclusively established theft and sentence was the statutory minimum.
Criminal law – Theft – Conviction where accused found red‑handed in possession of stolen goods. Criminal procedure – Appeal – Summary rejection of appeal lacking any reasonable ground. Sentencing – Application of Minimum Sentences Act; first offender consideration.
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28 April 1970 |
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Minor inconsistencies in witness accounts insufficient to overturn the applicant’s theft convictions; appeal summarily rejected.
Criminal law – Theft by public servant – Evaluation of witness credibility – minor inconsistencies in amounts not material to conviction. Criminal procedure – Appeal – summary rejection where no arguable grounds shown. Sentencing – concurrent imprisonment and corporal punishment; procedural irregularity in ordering multiple corporal punishments does not necessarily vitiate overall sentence.
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27 April 1970 |
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Reliable identification at night and a proper identity parade upheld conviction; 18-month sentence affirmed and appeal dismissed.
Criminal law – Unlawful wounding – Identification evidence – Recognition in night-time aided by nearby light – Identification parade properly conducted and reliable.* Criminal appeal – Appellate interference with findings of credibility – trial magistrate's acceptance of witness evidence not disturbed absent demonstrable error.* Sentence – Eighteen months imprisonment for unlawful wounding – not manifestly inadequate; appellate court declines to enhance.
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27 April 1970 |
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Late‑night possession of tools and implements may establish intent to use them for house‑breaking; conviction and sentence upheld.
Criminal law — Possession of house‑breaking instruments by night — characterisation depends on circumstances — both objective and subjective tests — intent may be inferred from nature of articles and time/place of possession; sentencing — prior property convictions relevant to assessing leniency or excessiveness.
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27 April 1970 |
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Conviction for unlawful wounding upheld on credible recognition and identification; sentence of eighteen months affirmed.
Criminal law – Unlawful wounding (s.228 Penal Code) – Identification evidence – on-the-spot recognition and subsequent identification parade – credibility and admissibility of identification evidence; Appeal – sufficiency of evidence – no reasonable doubt – conviction upheld; Sentence – discretion of trial court – not manifestly inadequate; appellate court declines to interfere.
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27 April 1970 |
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Conviction for possession of suspected stolen property quashed where evidence did not prove alleged 'conveying' and contradicted particulars.
Criminal law – possession of property suspected to be stolen – necessity to prove manner of possession as charged (stopped and detained while conveying) – insufficiency of mere unexplained possession in a shop – conviction must accord with particulars and evidence.
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23 April 1970 |
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Possession of property found in a repair shop is not the same as "conveying" while stopped under s.24 CPC; mere inability to explain ownership is insufficient for conviction.
Criminal law – Possession of property reasonably suspected to be stolen (s.312 Penal Code) – Requirement that accused be stopped/detained while conveying/on a journey under s.24 Criminal Procedure Code – Search of premises insufficient to prove "conveying" – Mere inability to explain ownership not enough to sustain conviction.
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23 April 1970 |
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The appellant's possession of the stolen beast shortly after its loss upheld the theft conviction despite missing arresting officer evidence.
Criminal law – Theft (cattle) – Possession shortly after loss as evidence of theft – Sufficiency of corroborative witness evidence. Criminal procedure – Prosecution duty to call relevant witnesses – Failure to call arresting police officer regrettable but not necessarily fatal. Appeal – Trial court omission to state age – appellate court may make an evidential finding where record permits.
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23 April 1970 |
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The applicant’s appeal to reduce a fine for unlawful stay was summarily rejected; compliance with immigration laws is mandatory.
Immigration law – unlawful stay – duty to comply with immigration requirements – sentencing – appellate interference with fine quantum – mitigation claims (age, unemployment, first offender) insufficient – summary dismissal of appeal.
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18 April 1970 |
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Appeal against fine for unlawful stay dismissed; duty to comply with immigration law outweighs mitigating factors.
Immigration law – unlawful stay – sentencing – fine of Shs.500 or three months' imprisonment – mitigation (age, unemployment, first offender) insufficient to reduce sentence; duty to comply with immigration requirements.
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18 April 1970 |
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Convictions based on weak identification and circumstantial evidence were unsafe; appellant released due to reasonable doubt.
Criminal law – standard of proof beyond reasonable doubt; circumstantial evidence – must exclude all reasonable hypotheses of innocence; identification evidence – necessity for positive identification; possession and provenance of exhibits found in premises accessible to others.
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17 April 1970 |
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Where violence is not shown to have been used to obtain property, a robbery charge may properly be reduced to theft.
Criminal law – Robbery – Elements – Violence must be employed for purpose of taking or retaining property. Criminal law – Assault with incidental taking – Taking incidental to assault constitutes theft, not robbery. Appellate procedure – Substitution of conviction and sentence where essential element of charged offence not established.
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17 April 1970 |
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Ambiguous remark by accused does not corroborate a child’s allegation; conviction for defilement set aside.
Criminal law – Sexual offences – Defilement of a girl under twelve – Necessity of corroboration for child evidence; ambiguous remarks by accused do not amount to corroboration.
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17 April 1970 |
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Conviction for defilement overturned for lack of corroborative evidence; ambiguous remark did not corroborate the complainant.
Criminal law – Defilement – Sufficiency of evidence – Whether unsworn statements and an ambiguous remark constitute corroboration – Ambiguous remark insufficient to corroborate allegation of defilement.
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17 April 1970 |
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A guilty plea must be an unequivocal admission of all elements; equivocal pleas render convictions unsafe and are quashed.
Criminal procedure – plea of guilty – requirement that plea contain unequivocal admission of all ingredients of the offence – magistrate’s duty to record full facts – equivocal pleas render convictions unsafe and may be quashed and remitted for rehearing.
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17 April 1970 |
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Conviction for stealing by agent affirmed; appellant failed to account for entrusted livestock and appeal dismissed summarily.
Criminal law – Stealing by agent (s.273(b) Penal Code) – Owner’s authorization to dispose of entrusted property – evidential burden to account for entrusted property; appellate review – credibility findings of trial magistrate given weight; summary dismissal of frivolous appeals.
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17 April 1970 |
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A conviction based on clear, contemporaneous single-witness identification was upheld and the appeal summarily dismissed.
Evidence – Identification – Single eyewitness identification – When uncorroborated identification is sufficient for conviction where witness is credible and identification contemporaneous and clear. Criminal procedure – Appeal – Summary dismissal where appeal lacks sufficient ground of complaint.
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16 April 1970 |
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Appeal dismissed: unchallenged evidence and an admissible admission established cattle theft; sentence lawful.
Criminal law – Theft of cattle – Evidence – Admission of guilt made in presence of complainant – Admissibility and weight; Credibility – unsworn denial versus unchallenged witness evidence; Sentencing – compliance with Minimum Sentences Act; Procedural – summary rejection of meritless appeal.
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15 April 1970 |
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Appellants’ convictions for theft upheld: identification evidence and recovery of stolen goods provided adequate corroboration.
Criminal law – Theft/larceny – Identification evidence – reliability and corroboration by recovery of stolen property – sufficiency to sustain conviction.
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15 April 1970 |
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Appellants' theft convictions affirmed on credible eyewitness identification; village-chairman confession discounted and appeal dismissed.
Criminal law – Theft – Whether eyewitness identification of accused pushing stolen motorcycle at night suffices to convict under s.265 Penal Code. Evidence – Confession/statements made before a village chairman – reliability and weight; trial court’s discretion to exclude. Appeal – Assessment of credibility by trial magistrate and review of sentence for excessiveness.
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14 April 1970 |
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Possession of recently stolen, personally identified property upheld convictions; appeal summarily rejected for lacking grounds.
Criminal law – shopbreaking, burglary and stealing – identification of stolen property and recent possession as sufficient evidence; accused's explanations rejected as incredible; sentencing held appropriate; appeal summarily rejected under procedural provision.
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11 April 1970 |
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Convictions for burglary and theft upheld on identification and recovery evidence; appeal summarily rejected for lack of merit.
Criminal law – burglary/shopbreaking and theft – identification of stolen articles and recovery soon after offence as proof of guilt; credibility of accused’s explanations. Summary dismissal – appeal lacking sufficient grounds may be summarily rejected.
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11 April 1970 |
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Appeals against convictions for housebreaking/theft and forgery/uttering were dismissed as evidence supported convictions and sentences.
Criminal law – possession of recently stolen property – inference of breaking from recent possession; identification despite partial erasure of serial numbers. Criminal law – forgery and uttering – credibility findings and sufficiency of prosecution evidence; appeals lacking new grounds may be summarily rejected.
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10 April 1970 |
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Appeal summarily rejected where strong eyewitness and corroborative evidence supported conviction and no sufficient grounds of complaint were shown.
Criminal law – Theft from the person – Identification and contemporaneous witness evidence – conviction supported by complainant and assisting witness testimony. Criminal procedure – Summary rejection of appeal – appellate court may summarily dismiss appeal lacking sufficient grounds. Criminal procedure – Unsigned/unsworn statement by accused does not automatically vitiate a strong prosecution case.
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9 April 1970 |
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Appeal dismissed: identification and corroborated testimony upheld convictions; consecutive sentences (4½ years) and 24 strokes affirmed.
Criminal law — identification evidence and corroboration — sufficiency to sustain convictions for sexual offence and robbery with violence; appellate review of alibi and credibility; sentencing — effect of omission to state whether sentences run concurrently or consecutively; cumulative sentence and corporal punishment.
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8 April 1970 |
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Appeal allowed and proceedings declared a nullity because the accused was not informed of the material facts; fine refunded.
Criminal procedure – failure to put material facts to the accused – procedural fairness – proceedings rendered a nullity – refund of fine ordered.
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8 April 1970 |
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Failure to put the facts to the accused renders the trial proceedings a nullity and entitles the appellant to a refund of fees.
Criminal procedure – duty to put the facts to the accused – failure to do so vitiates trial – proceedings declared a nullity. Remedy – defective proceedings set aside; refund of any fees paid by appellant.
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8 April 1970 |
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Applicant's bribery conviction upheld; corroborative eyewitness and marked-note evidence outweighed admission of irrelevant prior acts.
Criminal law – Corruption/Bribery – Police decoy – Necessity of corroboration for decoy evidence – Eyewitness and contemporaneous recovery of marked notes as corroboration; Evidence – Admissibility of prior bad acts – Irrelevant past acts may be prejudicial but harmless if conviction rests on independent corroboration; Criminal procedure – Sufficiency of particulars and curability under section 346 CPC; Sentence – Imposition and confirmation of statutory corporal punishment and imprisonment.
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8 April 1970 |
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Appeal against corruption conviction dismissed; corroborated decoy evidence and recovery of marked notes upheld, sentence confirmed.
Criminal law – Corruption – Accused public officer charged with receiving bribe from contractor. Evidence – Admissibility of previous misconduct – prejudice and failure of justice. Evidence – Police trap/decoy operations and corroboration by independent witness and recovery of marked currency. Criminal procedure – Sufficiency of particulars and curability of defects under the Criminal Procedure Code. Sentencing – Imposition and confirmation of imprisonment and statutory corporal punishment for scheduled offence.
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8 April 1970 |
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Conviction for attempted carnal knowledge upheld; corporal punishment set aside and imprisonment increased to three years.
Criminal law – Attempted carnal knowledge of a child under 12 – Appeal against conviction – conviction upheld. Sentencing – Corporal punishment imposed with imprisonment – appellate court sets aside corporal punishment as undesirable and increases term of imprisonment. Appellate discretion – power to vary sentence on appeal.
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8 April 1970 |
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Applicant's conviction upheld; corporal punishment removed and imprisonment increased to three years.
Criminal appeal — conviction for attempted carnal knowledge (s.136(2) Penal Code) — appeal against conviction dismissed; sentencing — corporal punishment in addition to imprisonment undesirable — appellate power to set aside corporal punishment and increase imprisonment.
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8 April 1970 |
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Criminal appeal against theft and fraudulent accounting convictions dismissed for lack of merit despite counsel's non-appearance.
Criminal law – Appeal – Convictions for theft by servant and fraudulent false accounting – Appeal dismissed for lack of merit. Procedure – Non-appearance of appointed counsel at hearing – Absence does not preclude disposal where petition raises no substantial point. Evidence/prosecution case – Strength of the Republic’s case can justify dismissal of appeal when petition lacks merit.
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8 April 1970 |
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The court dismissed the applicant's appeal against conviction for theft by servant and fraudulent false accounting for lack of merit.
Criminal appeal – conviction for theft by servant and fraudulent false accounting (ss. 265, 271, 317(b) Penal Code) – absence of drafting counsel at hearing – merits of petition – appeal dismissed for lack of substance.
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8 April 1970 |
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Convictions for stealing by a servant upheld; second appellant's sentence reduced to six months as a subordinate actor.
Criminal law – Theft by servant (ss. 265, 271 Penal Code) – Appeal against conviction – sufficiency of evidence; Sentencing – distinction between principal offender and subordinate accessory – reduction of sentence for lesser role.
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8 April 1970 |
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Conviction for breaking and stealing upheld; appeal dismissed as frivolous and summarily rejected.
Criminal law – Breaking and stealing (s.296(1)) – sufficiency of evidence – appellate review of sentence – discretionary interference rare – summary rejection of frivolous appeal.
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8 April 1970 |
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Appeals against conviction dismissed; principal offender's sentence upheld, secondary offender's sentence reduced to six months.
Criminal law – Stealing by servant (ss. 265, 271 Penal Code) – appeals against conviction – sufficiency of evidence – role of participants in offence – reduction of sentence for lesser participant.
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8 April 1970 |
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Court confirms maximum sentence for savage unlawful wounding and summarily dismisses appeal as lacking merit.
Criminal law – unlawful wounding – sufficiency of evidence; sentence appeal – appropriateness of maximum term for a first offender; summary rejection of appeal for lacking sufficient grounds.
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8 April 1970 |
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8 April 1970 |
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Conviction for stealing by a servant upheld; evidence sufficient, unsworn statement inadequate, appeal summarily rejected.
Criminal law – Stealing by a servant (s. 265, 271 Penal Code) – Sufficiency of evidence – Cash sale receipts corroborating receipt of money – Unsigned/unsworn statement insufficient to rebut prosecution case – Appeal summarily rejected.
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8 April 1970 |
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8 April 1970 |