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Citation
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Judgment date
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| April 1970 |
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Conviction for theft by a public servant upheld where admission, signed requisition and produced cash corroborated receipt; unexplained 'loss' rejected.
Criminal law – Theft by public servant – Admission against interest and signed requisition corroborating receipt of public funds – Bare unexplained claim of loss insufficient to raise reasonable doubt. Evidence – Corroboration – production of part of sum received and document (cash requisition) substantiate prosecution case. Sentencing – Partial admission not necessarily mitigating; imprisonment and corporal punishment confirmed.
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1 April 1970 |
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The applicant's appeal against convictions for stealing by a servant and forgery was summarily rejected as without merit.
Criminal law – Theft by a servant – Liability where officer solely responsible for society finances and a payment appears in records to be made but recipient's books show no receipt.* Criminal law – Forgery – Use of accounting/payment documents to disguise misappropriation.* Evidence – Credibility and failure to challenge key witnesses undermining defence.* Appeal – Summary rejection where no reasonable grounds to disturb conviction; sentencing under Minimum Sentences Act.
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1 April 1970 |
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Appeal dismissed: evidence proved stealing by a servant and forgery; appeal lacked merit and was summarily rejected.
Criminal law – Appeal – Conviction for stealing by servant and forgery – Sufficiency and credibility of prosecution evidence – Failure to cross-examine key witness – Appeal summarily rejected.
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1 April 1970 |
| March 1970 |
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Appeal dismissed; evidence upheld convictions for assaulting/obstructing police and riotous behaviour, sentence affirmed.
Criminal law - Assaulting and obstructing a police officer - Evidence and witness corroboration; Police duties - collection of physical evidence (bottles/glasses) as part of enforcement; Public order - riotous and insulting behaviour at police station; Sentencing - appropriateness of fines for assault on law enforcement.
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25 March 1970 |
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The applicant's appeal against convictions for theft from the person was summarily dismissed as unsupported by credible evidence.
Criminal law – Theft from the person; evidence and credibility of witnesses; appellate review – summary dismissal of appeal lacking merit; sentencing – concurrent short custodial terms upheld.
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25 March 1970 |
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Appeal against unlawful wounding conviction dismissed; eyewitness testimony and two-year deterrent sentence upheld.
Criminal law – Unlawful wounding (s.228(1) Penal Code) – credibility of eyewitnesses – rejection of alibi – deterrent sentencing for weapon use – summary dismissal of appeal.
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25 March 1970 |
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Appeal against unlawful wounding conviction dismissed; sentence confirmed based on credible eyewitness corroboration.
Criminal law – Unlawful wounding under Penal Code – conviction upheld where complainant and independent eyewitnesses give credible corroborative evidence. Criminal procedure – Alibi – magistrate entitled to reject unsupported alibi despite spousal support when independent testimony contradicts it. Sentencing – Use of dangerous/lethal weapon justifies deterrent imprisonment. Appeal – Summary rejection where appeal lacks sufficient grounds and is certified as such.
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25 March 1970 |
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Appeal rejected; sale of government famine relief by an entrusted official was a serious abuse warranting confirmation of sentence.
Criminal law – Theft of government relief supplies – abuse of position by selling famine relief to make personal profit – seriousness of offence. Sentencing – Mitigating factors (guilty plea, first offender) insufficient to render sentence excessive. Appeal – Summary rejection where no sufficient grounds to interfere with magistrate’s sentencing discretion. Confirmation – High Court confirms sentence requiring confirmation under Minimum Sentences Act.
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24 March 1970 |
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21 March 1970 |
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21 March 1970 |
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Convictions for cattle theft quashed where possession and explanations did not prove guilt beyond reasonable doubt.
Criminal law – Theft/receiving stolen property – Sufficiency of evidence – Possession and explanations – Burden of proof beyond reasonable doubt; conduct consistent with innocence may preclude conviction.
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20 March 1970 |
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20 March 1970 |
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Recent possession of stolen goods justified conviction for house‑breaking and theft; appeal summarily rejected.
Criminal law – house‑breaking and theft – doctrine of recent possession – possession of stolen articles as evidence of guilt; sufficiency of denial to rebut presumption. Sentence – minimum prescribed by law upheld. Appeal – summary rejection where no grounds of complaint.
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19 March 1970 |
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Appeal against cattle-theft conviction dismissed; evidence and appellant's alleged admission supported conviction and minimum sentence upheld.
Criminal law – Theft (cattle/sheep) – Identification and recovery of stolen property – Admissibility and weight of alleged admission and cash offered as evidence – Sufficiency of evidence to sustain conviction. Sentencing – Minimum Sentences Act – imposition and appropriateness of statutory minimum sentence. Appellate procedure – summary rejection of appeal lacking sufficient grounds.
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19 March 1970 |
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Appellant’s admission and corroborative physical evidence supported conviction for theft; appeal lacked merit and was summarily rejected.
Criminal law – theft – identification of stolen property and discovery at accused’s premises – confession and production of money as corroborative exhibit – assessment of credibility by trial magistrate – Minimum Sentences Act – appeal without merit; summary rejection.
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19 March 1970 |
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Appellant’s fingerprints on falsified witness-voucher receipts proved guilt; conviction affirmed and appeal summarily dismissed.
Criminal law – Fraud on public funds – Falsification of payment vouchers and use of fingerprints/thumbprints to simulate receipts – Credibility of prosecution witnesses – Appeal summarily dismissed as frivolous.
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18 March 1970 |
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Appellant’s cattle-theft conviction upheld: owner identification, recent possession and corroborated admission sustained the conviction.
Criminal law – cattle theft; identification by owner via brand marks; recent possession doctrine for stolen goods; weight and corroboration of admissions/confessions; sufficiency of evidence to sustain conviction.
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18 March 1970 |
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Owner identification by ear‑brand and conduct-based possession corroborated confession; conviction and minimum sentence upheld, appeal dismissed summarily.
Criminal law – cattle theft (Penal Code ss. 265, 268) – identification by ear‑brand; possession of recently stolen property; weight of extra‑judicial confession; lapse of time and 'recent' possession; summary dismissal of appeal.
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18 March 1970 |
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Applicant's appeal against forgery conviction dismissed; fingerprint evidence and witness testimony upheld.
Criminal law – Forgery – Alteration of payment vouchers and insertion of fictitious payees in respect of witness allowances – Proof by documentary exhibits and fingerprints/thumbprints. Evidence – Admissibility and weight of physical evidence (finger/thumb impressions) and witness credibility. Sentencing – Imposition of prescribed minimum sentence. Appeals – Summary dismissal where no sufficient grounds shown.
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18 March 1970 |
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The court upheld convictions for theft from the person, endorsing trial credibility findings and dismissing the appeals as without merit.
Criminal law – Theft from the person (ss. 265, 269) – sufficiency of evidence and credibility findings. Evidence – credibility of eyewitness and police witness – trial magistrate's findings entitled to deference. Criminal procedure – appeals lacking merit may be summarily rejected.
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17 March 1970 |
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Appellate court upheld convictions for theft from the person, finding eyewitness evidence credible and appeals meritless.
Criminal law – Theft from the person – Eyewitness evidence of passing and recovery of stolen purse – Credibility of witnesses and trial magistrate’s findings. Criminal procedure – Appellate review limited where credibility findings were made by trial court. Appeal – Summary rejection where appeals lack sufficient grounds.
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17 March 1970 |
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Housebreaking and theft convictions upheld; custodial sentence reduced for technical breaking and mitigating circumstances.
Criminal law – housebreaking and stealing – climbing over a low party wall constitutes 'breaking'; recent possession as evidence of theft; insufficient evidence for escape charge; appellate reduction of sentence where breaking was technical and offender a first offender.
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11 March 1970 |
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Court upheld convictions but reduced sentence where housebreaking was technical and proven by recent possession.
Criminal law – Housebreaking – entry by climbing over an internal low dividing wall constitutes "breaking". Criminal law – Theft – recent possession of stolen property supports inference of guilt absent satisfactory explanation. Sentencing – deterrent sentence excessive where breaking was technical, no evidence of fright, and appellant a first offender.
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11 March 1970 |
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Appeal allowed: conviction and sentence quashed because missing‑produce/break‑in evidence was largely hearsay and insufficient.
Criminal law – Conviction for housebreaking and stealing – Sufficiency and admissibility of evidence (hearsay about break‑in and missing goods) – Conviction unsafe – Sentence unlawful/unsafe.
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11 March 1970 |
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Appeal dismissed; conviction and 12‑month sentence for obstructing execution of court process affirmed.
Criminal law — Obstruction of court process — Execution of civil decree — Attachment and seizure of property — Removal/sale of attached property — Evaluation of witness credibility on appeal — Deference to trial court findings.
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6 March 1970 |
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Appeal summarily dismissed; conviction and 12‑month sentence for interfering with execution of a court decree upheld.
Execution of decree — attachment of livestock — alleged obstruction/interference with process — credibility of witnesses — appellate summary rejection of frivolous/insubstantial appeal under procedural provision.
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6 March 1970 |
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Conviction for violent robbery upheld; sentence increased to six years' imprisonment plus 24 strokes under the Minimum Sentences Act.
Criminal law — Robbery with violence (s.286 Penal Code) — Sufficiency of identification and corroboration — Alibi: failure to call supporting witness — Sentencing: manifestly inadequate sentence — Minimum Sentences Act (Part I, First Schedule) — Mandatory corporal punishment attaches to listed offences.
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4 March 1970 |
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The appellant's theft convictions were upheld; two one-year sentences ordered to run concurrently as a single enterprise.
Criminal law – Theft – Evidence – Where stolen property is found under accused's mattress and corroborated by independent witness, conviction may be sustained. Criminal procedure – Appeal – Appellant's failure to cross-examine prosecution witnesses on key facts weakens defence. Sentencing – Multiple offences forming a single enterprise may attract concurrent sentences.
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4 March 1970 |
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Appellants' burglary convictions supported by credible eyewitness and corroborative evidence; appeals summarily dismissed and sentences confirmed.
Criminal law – Burglary and theft – Credibility of eyewitness evidence and corroboration by discovery of stolen property. Criminal procedure – Alibi defence – Insufficiency where supporting witness contradicts or fails to place accused at scene. Sentencing – Custodial and statutory corporal punishment – Not excessive; appellate confirmation appropriate. Appeals – Summary rejection of appeals lacking sufficient grounds.
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1 March 1970 |
| February 1970 |
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Omission to put prosecution facts is not automatically fatal; recorded admissions and counsel's presence can cure the defect, appeal dismissed.
Criminal procedure – guilty plea – requirement to put prosecution facts to accused; omission not necessarily fatal; presence of counsel and recorded admissions may cure defect; summary rejection of appeal certified as without sufficient ground.
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23 February 1970 |
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Appellant's disproportionate assault causing grievous harm upheld; conviction and sentence affirmed, appeal summarily dismissed.
Criminal law - causing grievous harm (s.225 Penal Code) - unlawful and disproportionate use of force - self-defence/provocation insufficient - sufficiency of evidence - summary rejection of frivolous appeal.
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23 February 1970 |
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Applicant’s appeal against grievous-harm conviction and sentence dismissed as without merit and summarily rejected.
Criminal law – causing grievous harm under s.225 Penal Code; provocation and self-defence – requirement of proportionality; appellate review – sufficiency of evidence for conviction; sentencing – proportionality and not excessive; summary rejection of frivolous appeal.
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23 February 1970 |
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Alternative charging does not void trial; convictions and minimum sentence affirmed, appeals summarily rejected.
Criminal law – Alternative charges – Framing counts for obtaining by false pretences with alternative counts for stealing – Section 187 Criminal Procedure Code permits alternative convictions and does not render trial void. Evidence – Credibility assessments – Trial magistrate’s careful evaluation and corroboration can justify convictions. Theft – Doctrine of recent possession supports conviction for cattle-theft. Sentencing – Minimum Sentences Act applied where appropriate. Procedure – Frivolous or groundless appeals may be summarily rejected.
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23 February 1970 |
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A voluntary guilty plea precludes overturning conviction by a belated, unexplained appeal; time extension refused.
Criminal law – Plea of guilty – Effect on right to appeal; Criminal procedure – Delay in filing appeal – section 314 Criminal Procedure Code – refusal to extend time; Allegations against another official do not vitiate an accused’s voluntary plea; Sentence (fine or imprisonment) upheld as reasonable.
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21 February 1970 |
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Appeals against robbery convictions dismissed; identification and recovery of stolen property sufficiently corroborated convictions; corporal punishment not carried out.
Criminal law – robbery with violence – identification evidence – reliance on driver’s identification and corroboration by recovery of stolen property – irregularities in record immaterial where overall evidence supports conviction – sentencing: imprisonment affirmed, corporal punishment remitted after age consideration.
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21 February 1970 |
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Appeal against conviction for stealing a sheep dismissed where evidence and witness credibility left no reasonable doubt.
Criminal law – Theft (livestock) – Evidence and credibility of witnesses – acceptance of prosecution testimony over accused's denial. Criminal procedure – Uncalled witness present at transaction – effect on prosecution case. Sentencing – Application of Minimum Sentences Act – lawful imposition of prescribed sentence. Appeal – Summary rejection where no sufficient ground of complaint.
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12 February 1970 |
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Conviction for stealing by a public servant upheld despite disputed signature; appeal dismissed.
Criminal law – Stealing by a public servant – Missing exhibit money and inconsistent explanations – conviction upheld. Evidence – Documentary evidence and alleged forgery – failure to put document to alleged signatory; trial court’s signature comparison and rejection of document. Procedure – Right to call witnesses – allegation of refusal contradicted by trial record. Sentence – Imposition of statutory minimum sentence upheld.
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11 February 1970 |
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The applicant's appeal against conviction for stealing by a public servant is dismissed; credibility findings and sentence upheld.
Criminal law – Stealing by a public servant (Penal Code ss. 265, 270) – Exhibit money missing – credibility of accused’s inconsistent statements. Evidentiary issues – Alleged forged document – handwriting comparison vs. expert evidence. Trial fairness – refusal to call witness – record-based rejection of complaint. Sentence – minimum statutory sentence upheld.
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11 February 1970 |
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Conviction for theft quashed where evidence and trial judgment were inadequate and did not prove guilt beyond reasonable doubt.
Criminal law – conviction on theft by servant – insufficiency and inconsistency of evidence on alleged cash shortages; written acceptance of responsibility distinguished from confession of theft; requirement for trial judge to give specific findings and reasons; appellate quashing of unsupported convictions.
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11 February 1970 |
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Convictions quashed where trial magistrate failed to give reasons or specific findings on each count, rendering verdicts unsafe.
Criminal law – Appeal – Trial court must make findings of fact and give reasons for conviction on each count; absence of reasoned findings renders conviction unsafe – Appellate remedy: quash conviction and set aside sentence where prosecution cannot support conviction.
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11 February 1970 |
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Leave granted to appeal out of time against convictions for failing to pay minimum wage and to keep employment records.
Criminal law – labour offences – conviction for failing to pay statutory minimum wage; failure to keep record of oral employment contract – appeal out of time – leave to appeal granted – credibility and factual dispute whether juvenile was employee or guest.
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6 February 1970 |
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Appellant's convictions for underpaying a minor and failing to keep contract records upheld; out-of-time appeal rejected.
Labour law – Failure to pay statutory minimum wage – Employment of minor domestic worker – Sufficiency of evidence and witness credibility. Labour law – Record-keeping – Failure to prepare/maintain record of an oral contract – statutory breach. Criminal appeals – Leave to appeal out of time – discretion to grant where explanation provided. Appellate review – Deference to trial magistrate's credibility findings and factual conclusions.
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6 February 1970 |
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Appellant’s possession of dispensary‑marked items and unexplained delay justified conviction for receiving stolen property; appeal rejected.
Criminal law – office‑breaking (s.296 Penal Code) and receiving stolen property – possession of dispensary‑marked goods; circumstantial evidence and unexplained delay in reporting. Evidence – credibility of accused’s version and rejection by trial magistrate. Procedure – appeal summarily rejected where appeal lacks reasonable grounds. Sentencing – compliance with Minimum Sentences Act.
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6 February 1970 |
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Conviction for receiving stolen property upheld; defence of planting rejected due to unexplained delay.
Criminal law – office-breaking v. receiving stolen property; sufficiency of evidence from recovered property at accused's premises; credibility of defence of planting; unexplained delay in reporting undermining defence; appeal summarily rejected.
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6 February 1970 |
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Appeal dismissed: evidence and recent-possession inference upheld; conviction and sentence affirmed, appeal summarily rejected.
Criminal law – Receiving stolen property – Identification by hide and witness corroboration – Doctrine of recent possession – Sufficiency of evidence – Sentence review – Summary rejection of frivolous appeal.
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6 February 1970 |
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6 February 1970 |
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A voluntary guilty plea bars appeal against conviction; the ten‑month sentence was reasonable and appeal dismissed.
Criminal law — guilty plea — a clear, voluntary plea of guilty precludes an appeal against conviction; appellate interference limited to sentence where excessive.
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5 February 1970 |
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A valid guilty plea precludes appeal against conviction; ten-month sentence held reasonable and appeal dismissed.
Criminal law – Plea of guilty – Effect: valid plea precludes appeal against conviction; Appeal – Summarily rejected where record shows clear guilty plea; Sentencing – Ten months' imprisonment held not excessive.
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5 February 1970 |
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1 February 1970 |
| January 1970 |
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Appellant’s alibi rejected; credible eyewitness identification upheld; convictions and consecutive sentences confirmed; appeal summarily dismissed.
Criminal law – theft and office-breaking – identification evidence – credibility of eyewitness identification and connection of vehicle to subsequent offence. Criminal procedure – alibi – assessment and rejection where defence evidence inconsistent. Sentencing – consecutive terms and corporal punishment upheld; previous conviction relevant. Appeal – summary rejection where no sufficient grounds.
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26 January 1970 |