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Citation
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Judgment date
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| August 1970 |
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On appeal attempted robbery conviction set aside and substituted with assault causing bodily harm, sentence changed to one year.
Criminal law – Appeal – Power to substitute conviction under section 181 Criminal Procedure Code – Where facts disclose assault causing bodily harm rather than attempted robbery under section 287 Penal Code.
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12 August 1970 |
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Fingerprint evidence and imprecise property identification were insufficient to support conviction; appeal allowed and accused released.
Evidence – Fingerprints – Weight of fingerprint evidence found in publicly accessible area – may be explained by lawful visit and be insufficient for conviction. Evidence – Identification of property – Complainant’s description of recovered property as "like" his is inadequate; identification must be fairly precise. Criminal appeal – Insufficient evidential basis requires conviction be set aside and accused released.
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12 August 1970 |
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Appellate court found evidence insufficient to sustain an attempted robbery conviction and quashed the conviction.
Criminal law – Attempted robbery – Sufficiency of evidence – Reliance on child complainant and single eyewitness – Appellate interference where prosecution declines to support conviction.
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12 August 1970 |
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Convictions for burglary and stealing quashed where facts did not establish burglary elements and evidence of theft was uncertain.
Criminal law – Burglary – Plea of guilty must be supported by facts establishing essential ingredients; vagueness may render plea equivocal; Criminal law – Stealing – conviction unsafe where evidence unclear as to location of items and identity of taker; Appellate review – convictions unsafe due to evidential ambiguities; quashing of convictions and sentences.
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10 August 1970 |
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Circumstantial evidence and a rebutted alibi upheld the appellant's burglary conviction and sentence.
Criminal law – Circumstantial evidence – Sufficiency to convict; Alibi – rebuttal by circumstantial evidence; Absence of treating doctor’s evidence – not necessarily fatal; Burglary and possession of house‑breaking instruments – conviction upheld.
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10 August 1970 |
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10 August 1970 |
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Appeal concerned substituted conviction for indecent assault: conviction upheld on credibility of witnesses; sentence found excessive.
Criminal law – Appeal – Revision substituted rape conviction with indecent assault – appeal properly lies against indecent assault. Evidence – Complainant and eye-witness credibility – contemporaneous detection and physical traces (seminal fluid) support conviction. Defences – Delay in alleging alternative explanations and appellant's age held not to undermine prosecution case. Sentence – Two years’ imprisonment for indecent assault in the circumstances held excessive.
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10 August 1970 |
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Indecent assault conviction quashed where testimony showed accidental contact during a scuffle and witnesses contradicted the complainant.
Criminal law – Indecent assault – Elements require deliberate touching – Evidence credibility and contradictions – Accidental contact during scuffle – Substitution to lesser offence (common assault) not appropriate where evidence insufficient – Right to recover property as potential defence.
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7 August 1970 |
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Appellate court reversed acquittal and convicted first respondent for cattle theft; second respondent's acquittal upheld.
Criminal law – cattle theft – identification evidence – brand marks and ear tags – credibility of witnesses – whether a prosecution witness is an accomplice requiring corroboration – appellate reversal of trial acquittal; insufficiency of evidence against co-accused.
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5 August 1970 |
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Appeal dismissed: eyewitness identification upheld; improper proof of prior convictions; sentences confirmed.
Criminal law – Identification and eyewitness evidence – Proof of guilt in burglary and stealing; Criminal procedure – Proof of previous convictions – police certificate insufficient, must follow Criminal Procedure Code; Sentencing – Minimum Sentences Act corporal punishment and concurrent sentences upheld.
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4 August 1970 |
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Appellate court quashed culpable-homicide conviction where magistrate’s reasoning and the evidence failed to prove negligent driving beyond reasonable doubt.
Criminal law – culpable homicide – vehicular collision – sufficiency of evidence to prove criminal negligence; inadmissibility of conviction where magistrate’s findings are internally contradictory and unsupported by record; reliance on police sketch and unclear witness evidence insufficient to prove guilt beyond reasonable doubt.
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1 August 1970 |
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Appeal against robbery conviction dismissed where recent possession of matching stolen money supported guilt.
Criminal law – Robbery with violence – sufficiency of evidence – recent possession of money matching complainant’s description as corroboration of theft and justification for conviction.
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1 August 1970 |
| July 1970 |
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A child’s unsworn evidence requires corroboration; corroborated testimony upheld conviction and the appeal was summarily rejected.
Evidence — Child witness (tender years) — Unsigned/unsworn evidence admissible under s.127(2) Evidence Act 1967 only if child has sufficient intelligence and understands duty to tell truth; prosecution use requires corroboration; voir dire should be conducted and recorded; corroboration by independent eyewitness upheld conviction; sentence consistent with Minimum Sentences Act 1963; appeal summarily rejected as frivolous.
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31 July 1970 |
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Appeal dismissed where serial-number identification proved stolen property and the minimum sentence was upheld.
Criminal law – Appeal against conviction – Identification of stolen property by serial/number – Credibility of accused’s claim of finding property – Sentence being minimum prescribed not disturbed on appeal.
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31 July 1970 |
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Appellate court affirmed assault convictions, clarified charge-sheet confusion and reduced sentences as excessive.
Criminal law – substituted charge sheet and clarity of judgment – conviction for assault causing actual bodily harm – sufficiency of evidence – excessive sentence reduced for first offenders.
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31 July 1970 |
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An appellant’s unsupported alibi raised first on appeal is insufficient to overturn conviction; appeal summarily rejected.
Criminal law – Alibi raised for first time on appeal – Late, unsupported alibi of little or no weight. Appellate review – Appeal without sufficient ground may be summarily rejected. Evidence – Weight of uncontradicted prosecution witnesses. Sentencing – Compliance with Minimum Sentences Act.
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31 July 1970 |
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Appeal dismissed: credible identification, flight and inconsistent explanations establish theft beyond reasonable doubt.
Criminal law – Theft of motor vehicle – conviction upheld on appeal – identification and flight evidence credible – defendants' inconsistent explanations undermined defence – sentence not excessive.
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30 July 1970 |
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Appeal dismissed: evidence supported theft and fraudulent accounting convictions; sentences affirmed and corporal punishment clarified to 24 strokes.
Criminal law – public-service theft – cancellation and replacement of receipts and failure to pay public funds – evidence supporting conviction. Criminal law – fraudulent false accounting under penal provisions – accounting records and witness evidence. Sentencing – imprisonment and corporal punishment under Minimum Sentences Act – clarification of ambiguous sentence order. Appeal – summary rejection where evidence establishes guilt beyond reasonable doubt.
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29 July 1970 |
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Appellate court affirmed conviction and Minimum Sentences Act punishment for proven burglary and theft; appeal summarily rejected.
Criminal law – Burglary and theft – Breaking and entering dwelling by breaking mud wall and stealing money from clothing pockets – Evidence sufficient to establish guilt. Evidence – Post-arrest written admission of debt does not negate theft where complainant denies such debt and prosecution proof is strong. Sentencing – Imposition of two years' imprisonment and 24 strokes under Minimum Sentences Act upheld. Appeals – Frivolous or unsubstantiated appeals may be summarily rejected.
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29 July 1970 |
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Conviction for housebreaking and stealing upheld; recovered radio identified and appellant's flight supported the conviction.
Criminal law – housebreaking and stealing – identification of recovered property – search conducted in accused's absence – flight as circumstantial evidence – sufficiency of evidence to sustain conviction.
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29 July 1970 |
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Conviction for stealing from a motor vehicle upheld where the appellant was caught and led to recovered stolen diesel tins.
Criminal law – Theft from motor vehicle – Appellant observed cutting tarpaulin; led to concealed stolen goods recovered by police; credibility of prosecution witnesses upheld; unsupported denial insufficient; appeal summarily rejected; sentence not excessive.
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29 July 1970 |
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The applicant’s conviction and statutory sentence for burglary and theft were upheld; appeal summarily rejected.
Criminal law – Burglary and theft – possession of recently stolen property – sufficiency of evidence; credibility of defence witnesses; Minimum Sentences Act – statutory sentence confirmed; summary dismissal of meritless appeal.
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29 July 1970 |
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Appellants’ rape convictions upheld on strong corroborated eyewitness evidence; sentences increased for being unduly lenient.
Criminal law – Rape – Sufficiency of evidence – Positive eyewitness identification and immediate complaint as corroboration; Appeal – Conviction upheld, sentence increased where trial sentence unduly lenient.
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28 July 1970 |
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27 July 1970 |
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Appeal allowed and conviction for selling liquor without a licence quashed due to absence of evidence proving the sale.
Criminal law – Sale of intoxicating liquor – Conviction for selling without licence – Sufficiency of evidence on essential element of 'sale'. Appeal – State not supporting conviction – Prosecution’s failure to lead evidence – Conviction quashed. Relief – Forfeiture and fines returned where conviction unsafe due to lack of proof.
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27 July 1970 |
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Appeal dismissed: conviction for misappropriating council collections upheld; sentence aligned with Minimum Sentences Act, 1963.
Criminal law – misappropriation/deficiency in public collections – evidence: receipt book, vouchers, contemporaneous conduct and attempted disposal of personal property as corroboration. Evidence – admissibility and weight of circumstantial and documentary evidence in supporting conviction. Sentencing – application and effect of Minimum Sentences Act, 1963; appellate limitations to reduce statutory minimum sentences. Appeal procedure – summary dismissal where appeal lacks sufficient grounds.
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25 July 1970 |
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Conviction for school breaking and theft upheld where stolen items were recovered, identified and appellant’s planting allegation was unsubstantiated.
Criminal law – burglary and theft – recovery of stolen property from accused’s premises; identification by owners; credibility of defence allegation of planted evidence; sentencing – previous convictions (Minimum Sentences Act) taken into account; procedural advice – call multiple witnesses to search/recovery incidents.
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24 July 1970 |
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An appellate court will not disturb a trial court's sentencing discretion absent compelling reasons, despite the appellant's prior convictions.
Criminal appeal – Appeal against convictions and sentences – Appellate interference with trial court's sentencing discretion – Weight of previous convictions versus period of subsequent good conduct.
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22 July 1970 |
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Entry into a compound is criminal trespass, not "entering a dwelling house," and conviction was substituted accordingly.
Criminal law – definition of "dwelling house" – compound does not qualify as a dwelling house under section 5 of the Penal Code; substitution of conviction under section 181 Criminal Procedure Code; criminal trespass (s.299(1)) substituted for erroneous conviction of entering dwelling house with intent to steal; conviction for attempted theft upheld; sentencing adjusted accordingly.
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22 July 1970 |
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Appeal dismissed: convictions and sentence upheld despite minor contradictions and late production of receipt.
Criminal law – appeal against conviction – sufficiency and credibility of evidence – minor contradictions do not necessarily render a conviction unsafe. Evidence – failure to produce contemporaneous receipt until trial weakens defence. Sentencing – first offender status does not automatically render sentence excessive.
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22 July 1970 |
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Recent possession and credible witness evidence upheld a cattle theft conviction; compensation order set aside.
Criminal law – Theft – recent possession as basis for conviction; evidence – destroyed brand marks as indicia of suspicious possession; sentencing – adherence to statutory minimum sentence; compensation order improper where property recovered and exhibited.
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22 July 1970 |
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Appeal against robbery-with-violence convictions dismissed: identification evidence upheld and sentences left intact.
Criminal law – robbery with violence – sufficiency of evidence; identification evidence – lighting and distance – credibility assessment; appellate review of concurrent findings of fact; sentencing – consideration of intoxication as mitigating factor.
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21 July 1970 |
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18 July 1970 |
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Appeal against assault conviction dismissed: credible eyewitnesses proved guilt; six-month sentence not interfered with.
Criminal law – Assault causing bodily harm (s241 Penal Code) – Eyewitness evidence and credibility – Appeal – Sufficiency of grounds for appellate interference – Sentence not manifestly inadequate
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18 July 1970 |
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Appellant’s explanations were rejected; identification and purchaser’s evidence sufficiently proved burglary and theft.
Criminal law – Burglary and stealing – Identification of stolen property – Sufficiency of complainant’s identification and purchaser’s evidence to prove theft. Criminal procedure – Defence credibility – Effect of unproved relationship claim and unasserted pawn explanation on reasonable doubt.
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18 July 1970 |
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Appellant’s uncorroborated claims of a consensual relationship or pawning did not raise doubt; conviction and sentence upheld.
Criminal law — Burglary and stealing — Identification and recovery of stolen property — Credibility and weight of evidence — Defence of consensual relationship or pawning insufficient to raise reasonable doubt — Appeal dismissed.
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18 July 1970 |
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Appeal dismissed: intent to injure proved, evidence left no reasonable doubt, and sentence affirmed as lawful and not excessive.
Criminal law — intent to do injury — sufficiency of evidence; Appellate review — standard for interference with trial court findings; Sentence — conformity with statute and excessiveness; Summary dismissal of meritless appeals.
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18 July 1970 |
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Appeal dismissed; conviction upheld and restitution order varied to impose joint and several repayment by the appellants.
Criminal law – theft by servant – sufficiency of prosecution evidence and credibility of accused’s explanations – appeal dismissed; appellate variation of restitution order to joint and several liability.
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17 July 1970 |
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Appellant’s convictions for obtaining goods by false pretences upheld; 18‑month sentences affirmed; outstanding restitution left to civil action.
Criminal law – obtaining goods by false pretences – representation by cheque as representation of existing facts – intention to defraud – sufficiency of evidence to sustain conviction – sentence not excessive – unpaid restitution may require civil proceedings.
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17 July 1970 |
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17 July 1970 |
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High Court dismisses appeal; conviction and minimum-sentence punishment for stealing by a public servant upheld.
Criminal law – Appeal against conviction – Stealing by public servant (Penal Code ss.270, 265) – Review of trial record and prosecution evidence – Sentence under Minimum Sentences Act – Appeal dismissed as lacking merit.
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17 July 1970 |
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Appeal against cattle-stealing conviction summarily rejected where evidence established guilt beyond reasonable doubt.
Criminal law – cattle-stealing – sufficiency of evidence – identification and admissions establishing guilt. Appeals – appellate review – appeal without sufficient grounds may be summarily rejected.
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16 July 1970 |
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Forgery convictions upheld; theft convictions and compensation quashed; sentencing influenced improperly by undisclosed offences, but imprisonment terms confirmed due to prior record.
Criminal law – Forgery – Ledger entries and vouchers – adequacy of evidence to support convictions for forgery. Criminal law – Theft – book shortages versus physical loss – insufficiency of ledger discrepancies alone to prove theft. Criminal procedure – Sentencing – inadmissible consideration of other undisclosed offences under section 210(b) – requirement of jurisdiction and admission. Appeal – Quashing of unsupported convictions and setting aside of related sentences and compensation.
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13 July 1970 |
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Improperly admitted deceased statement and material inconsistencies rendered the appellant's conviction unsafe; appeal allowed and conviction quashed.
Evidence — Admissibility of deceased complainant's police statement — not taken under s.34 exceptions and wrongly admitted. Evidence — Section 178 Evidence Act — conviction despite improper admission; court may still intervene where admitted evidence cannot be reconciled and renders conviction unsafe. Criminal law — Credibility and inconsistencies of eyewitness accounts; delay in reporting; intoxication — impact on safety of conviction.
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10 July 1970 |
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Possession of recently stolen dispensary items justified conviction; vague compensation order set aside.
Criminal law – possession of recently stolen property as evidence – inference of burglary and theft; appellate review of magistrate’s evaluation of defence; invalidity of indeterminate compensation orders.
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10 July 1970 |
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Convictions for robbery with violence upheld; imprisonment increased to four years, corporal punishment and joint-and-several compensation confirmed.
Criminal law – Robbery with violence – Convictions upheld on appeal; appellate variation of inadequate sentences; corporal punishment confirmed; compensation order altered to joint and several liability.
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8 July 1970 |
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Four appellants acquitted for insufficient identification; one conviction upheld and resentenced to concurrent terms plus corporal punishment.
Criminal appeal — identification evidence — insufficiency grounds for acquittal; sentencing — single enterprise principle — concurrent versus consecutive sentences; robbery with violence — application of Minimum Sentences Act (24 strokes).
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6 July 1970 |
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Malicious-damage conviction quashed for insufficient evidence; appellants' escape convictions and two-year sentences upheld.
Criminal law – escape from lawful custody – sufficiency of evidence – malicious damage – insufficiency and non-support by State – appellate intervention – sentence proportionality and previous convictions.
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3 July 1970 |
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Possession of recently stolen, identifiable property with no credible explanation supports convictions for housebreaking and stealing; duplicative possession charge quashed.
Criminal law – sufficiency of evidence – identification of stolen items; possession of recently stolen, identifiable property as grounds for presumption of theft or receiving; duplicity between possession of suspected stolen property and stealing charges; evaluation of accused’s claim of ownership.
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1 July 1970 |
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Appellate court dismissed challenge to fines for immigration overstaying, finding sentences not manifestly excessive.
Immigration law – Overstaying/ failure to comply with Prohibited Immigration Notice – dependency status loss on attaining majority – sentencing: fines versus imprisonment in default – appellate review of manifest excessiveness of sentence.
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1 July 1970 |