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Citation
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Judgment date
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| December 1975 |
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Admissions by the applicant postmaster established theft, forgery and false accounting; sentence reduced and made concurrent.
* Criminal law – Theft by public servant – receipts and counter books – absence of entries in official ledgers as evidence of misappropriation.
* Criminal law – Forgery and fraudulent false accounting – alteration of declaration and denial of authorisation by supervising officer.
* Evidence – Admissions by accused may obviate need for handwriting expert; trial court may compare signatures where defendant admits signing.
* Sentencing – Abuse of trust weighed against first offender status and small sums; concurrent sentences and reduction appropriate.
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12 December 1975 |
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Conviction quashed where complainant failed to identify accused at parade; another accused’s conviction upheld due to satisfactory parade identification.
* Criminal law – Robbery with violence – identification evidence – weight of identification parade testimony – failure to identify at parade undermines conviction where little other evidence links accused to offence.* Appeal – appellate review of trial magistrate’s factual findings – deference where identification and other evidence are satisfactory.
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3 December 1975 |
| November 1975 |
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Court refused to restore driving licence after remission, holding restoration would undermine statutory disqualification principles and fairness.
* Road Traffic Act – disqualification from holding or obtaining driving licence – effect of statutory disqualification versus presidential remission of sentence. * Relief sought on hardship grounds – whether courts may restore licence post-remission. * Consistency and fairness – implications for fined convicts and statutory penalty scheme.
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28 November 1975 |
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Appellant’s conviction for theft by agent upheld: entrusted contributors’ funds misappropriated and five-year sentence affirmed.
* Criminal law – Theft by agent – Elements: entrustment, ownership, dishonest appropriation – Proof beyond reasonable doubt
* Evidence – Credibility of witnesses, weight of documentary exhibits (handing-over certificate and receipts)
* Property – Distinction between organizational funds and individual contributors’ property
* Sentencing – Deterrent sentence for breach of public trust by a government officer
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17 November 1975 |
| September 1975 |
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Appellant's theft conviction and 12‑month sentence upheld based on strong identification and possession evidence.
Criminal law – Theft – Evidence of identification and possession; failure to call an alleged seller; appellate deference to trial court’s factual findings; sentence not excessive.
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26 September 1975 |
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Collision alone and an unspecified brake defect do not suffice to prove reckless driving; conviction quashed.
Criminal law – Road Traffic – Reckless/careless driving – Collision with preceding vehicle insufficient alone to prove negligence; defective brakes report without particulars cannot substitute for proof of fault; conviction requires evidence of specific negligent acts or omissions.
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19 September 1975 |
| August 1975 |
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Conviction for robbery based solely on unsatisfactory single-witness evidence was unsafe and quashed.
* Criminal law – Robbery with violence – Conviction based solely on single eyewitness evidence – Safety of conviction where sole evidence is unsatisfactory – Appeal allowed and conviction quashed.
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27 August 1975 |
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Appeal dismissed — trial court correctly found accused not credible and convictions for possession and failure to report ivory were justified.
* Criminal law – Unlawful possession of Government trophy (ivory) – proof by search and seizure. * Criminal law – Duty to report possession of Government trophy – separate offence. * Evidence – credibility of accused – effect of omissions in police statement and contradictions. * Appellate review – deference to trial court's findings of fact and credibility.
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8 August 1975 |
| June 1975 |
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Evidence of issuing true originals to customers but recording lower office copies proved fraudulent false accounting; appeal dismissed.
Criminal law – Fraudulent false accounting – Employee in charge of cash and receipts issuing originals to customers but recording lower amounts on office copies to pocket differences – Discovery of cash shortages and original receipts from customers – Sufficiency of evidence to convict; appellate court upholds trial court findings.
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23 June 1975 |
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Leave to appeal out of time and as a pauper refused where no arguable point of law and appeal lacked prospects of success.
Criminal appeal — leave to appeal out of time — pauper application — absence of any point of law of arguable merit — appeal without prospects of success — application dismissed.
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23 June 1975 |
| May 1975 |
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Appeal dismissed: identification of recovered stolen property and witness evidence upheld as sufficient to sustain convictions.
* Criminal law – Housebreaking and stealing – Identification of stolen property – Credibility of complainant and witness identification sufficient to prove offence beyond reasonable doubt. * Criminal procedure – Appeal against conviction – Appellant’s ownership claim of recovered property held insufficient to raise reasonable doubt.
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30 May 1975 |
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Conviction for cattle theft upheld on credible identification and recent possession; minimum sentence affirmed.
Criminal law – Theft (cattle) – Identification evidence – Recent possession doctrine – Oral evidence of sale admissible where rural transactions lack written documents – Sentence: minimum prescribed term affirmed.
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24 May 1975 |
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An unequivocal guilty plea supported by admitted facts sustains conviction and a deterrent sentence within statutory limits.
* Criminal law – Arms and ammunition – Unlawful importation – Elements of offence under s.4(1) and s.31(1)-(2) of Arms and Ammunition Ordinance.
* Plea of guilty – Requirements for acceptance – must be unequivocal and supported by facts covering all ingredients.
* Evidence – admissions in court can suffice to prove charge where facts are clear.
* Sentencing – judicial discretion and deterrent rationale; sentence within statutory limits.
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23 May 1975 |
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Photostatic copy inadmissible without statutory foundation; absence of original and inadequate expert basis collapsed prosecution, conviction quashed.
Evidence Act (ss.66–67) – proof of documents – admissibility of photostatic copies as secondary evidence; requirements for written admission; foundation for handwriting-expert comparisons; sufficiency of prosecution case in fraud/false pretence where original document absent.
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16 May 1975 |
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Appellate court reduced an excessive four-year sentence for grievous harm to two years, finding the trial judge overstated the evidence and overlooked mitigating factors.
Criminal law – Grievous harm (s.225 Penal Code) – Sentencing – appellate interference where trial judge misappraises credibility and imposes excessive sentence; use of force in apprehending suspected intruder; mitigating circumstances.
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14 May 1975 |
| April 1975 |
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Unreliable and inconsistent identification evidence in poor lighting led to acquittal for alleged murder despite conclusive post-mortem.
Criminal law – Murder – Post-mortem report admissible as certified copy – Identification evidence – Reliability in darkness and inconsistencies – Proof beyond reasonable doubt.
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28 April 1975 |
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Conviction for theft upheld; police evidence required no corroboration and search in accused's absence was valid.
* Criminal law – theft from a motor vehicle – identification of stolen property; * Evidence – requirement of corroboration for police witness testimony; * Search and seizure – validity of search in accused's absence where independent witnesses present; * Sentencing – appellate enhancement of sentence requires notice to show cause.
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9 April 1975 |
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9 April 1975 |
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Reported
Criminal Law — Stealing goods in transit - Goods destined for Zambia handled by the East African Cargo Handling Services Limited, Dar es Salaam — Whether "special property" in the goods held by East African Cargo Handling Services sufficient to make them owners of the goods for purposes of the Minimum Sentences Act 1972.
Criminal Practice and Procedure Appeal from sentence — Sentence excessive — Circumstances under which an appeal court will interfere with sentence.
Statutory Interpretation — Penal statute must be construed strictly. |
9 April 1975 |
| March 1975 |
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Appellate court upheld conviction for stealing goods in transit, finding identification reliable and sentence reasonable.
Criminal law – Theft in transit – Identification evidence – In‑court identification by eyewitness who was threatened – Adequacy and credibility of identification; Criminal procedure – Right to call defence witnesses – no record of request to call additional witnesses; Appeal – Sufficiency of evidence and sentence reasonableness.
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21 March 1975 |
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Trial court credibility findings and three-year sentence for motor vehicle theft against the appellant upheld.
* Criminal law – Theft of motor vehicle – Credibility contest between police witnesses and convicted co-accused – appellate deference to trial court findings on credibility. * Sentencing – Habitual offender – prior convictions justified three-year term. * Appellate review – limited interference where trial court’s factual findings are reasonable.
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17 March 1975 |
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Similarity of recovered items alone does not prove they are stolen; prosecution must exclude other sources beyond reasonable doubt.
Criminal law – Identification of stolen property – Similarity of recovered items insufficient to prove they are stolen – Prosecution must exclude other sources and prove identity beyond reasonable doubt.
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14 March 1975 |
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Similarity of an animal alone cannot prove theft; conviction quashed for failure to prove identity.
Criminal law – Theft – Identity of stolen property – Similarity of property insufficient for conviction; prosecution must establish identity beyond reasonable doubt, including connecting circumstances (proximity, direction, timing) when relying on circumstantial identification evidence.
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14 March 1975 |
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Appeal dismissed: conviction and three-year sentence for stealing marked university property by a public servant upheld.
* Criminal law – Theft by a person in public service (Penal Code ss. 270 & 265) – Marked university property misappropriated and sold. * Evidence – Eye-witness and shopkeeper testimony – independent witnesses found credible. * Defence of fabrication/enmity – insufficient to create reasonable doubt. * Sentence – minimum statutory term upheld.
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12 March 1975 |
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Appellate court upheld conviction for death by dangerous driving based on eyewitness, medical and vehicle damage evidence.
* Criminal law – Causing death by dangerous driving – Identification of offending vehicle; sufficiency of eyewitness, medical and vehicle damage evidence to prove causation. * Circumstantial evidence – When facts are incompatible with innocence and exclude reasonable alternative hypotheses. * Standard of proof – Proof beyond reasonable doubt in dangerous driving fatalities. * Evaluation of horn‑blowing and witness corroboration; assessment of speed and zebra‑crossing proximity.
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12 March 1975 |
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Appellate court affirms embezzlement conviction; documentary evidence corroborated receipt and misappropriation, appeal dismissed.
Criminal law – Embezzlement by servant – Sufficiency and weight of evidence – Documentary corroboration of witness testimony – Appellate review of trial magistrate’s findings – Sentence review (minimum prescribed).
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12 March 1975 |
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Applicants' appeals against robbery with violence convictions dismissed; identification and possession evidence upheld.
Criminal law – Robbery with violence – Identification evidence – Victims’ positive identification and prior acquaintance – Possession of stolen property as corroboration – Rejection of defence claim of trespass/abandonment – Sentence upheld.
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12 March 1975 |
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Conviction for theft by a government cashier upheld; forfeiture limited to cash found on person, savings and house cash excluded.
Criminal law – stealing by public servant – sufficiency of evidence when money handed for safekeeping; Criminal procedure – forfeiture and application of property found on accused – s.179 Criminal Procedure Code limits forfeiture to property found on person; post-office savings and property found in accused's house not forfeitable under that provision.
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7 March 1975 |
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Forgery conviction upheld; stealing conviction substituted for obtaining by false pretences and five-year sentence affirmed.
* Criminal law – Forgery – Alteration of Post Office savings passbook entries – Conviction upheld.
* Criminal law – Identity – Mistaken identity claim rejected on evidence and circumstances linking accused to both events.
* Criminal law – Appropriate charge – Evidence did not support stealing; conviction substituted to obtaining by false pretences (s.302).
* Sentencing – Minimum sentence provisions applicable to substituted offence; five-year sentence upheld; sentences to run concurrently; refund order confirmed.
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7 March 1975 |
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Appellate court affirms convictions for forgery, uttering a false document and stealing; evidence and forged receipt were decisive.
* Criminal law – Forgery – Uttering a false document – Stealing by agent – Sufficiency of circumstantial evidence – Admissibility and probative weight of forged receipt (Ex. A) – Appellate review of trial magistrate’s evaluation of evidence.
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6 March 1975 |
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Inconsistent eyewitness accounts and unexplained facts created reasonable doubt, leading to quashing of the appellant’s convictions.
Criminal law – Burglary and stealing – Eyewitness identification – Inconsistent and contradictory witness accounts – Reasonable doubt – Appellate intervention to quash unsafe convictions.
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5 March 1975 |
| February 1975 |
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Forgery convictions upheld; theft-by-public-servant convictions quashed because funds were private and receipts not government-issued.
Criminal law – Forgery of receipt duplicates – Sufficiency of evidence and intention to defraud; Theft by public servant – requirement that stolen property be government property and receipt be in course of public employment; Distinction between private commercial receipts and General Revenue receipts; Court cannot substitute a different conviction where indictment charges another offence.
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28 February 1975 |
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Housebreaking conviction quashed for insufficient evidence; stealing conviction and six‑month sentence upheld.
Criminal law – housebreaking – sufficiency of prosecution evidence to prove unlawful breaking – entry via other possible entrance unknown; Criminal law – defence of claim of right – credibility of accused's inconsistent assertions; Sentencing – six months for stealing not excessive.
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28 February 1975 |
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Police trap evidence upheld; minor procedural irregularities and a small serial-number discrepancy did not defeat bribery convictions.
* Criminal law – Corruption – Corrupt transaction with agent under Prevention of Corruption Act s.3(1) – Police trap evidence – credibility and weight of undercover operations; * Evidentiary issues – Procedural irregularities (unrecorded transfer of police money) and minor currency serial-number discrepancy do not necessarily vitiate prosecution where core evidence is overwhelming; * Credibility – minor inconsistencies among witnesses immaterial when central facts are undisputed; * Sentencing – compulsory/minimum sentences upheld.
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26 February 1975 |
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Appellate court quashed careless‑driving conviction where trial judge’s surmises, not evidence, supported the verdict.
Criminal law – careless driving – appellate review where trial court draws unsupported factual inferences from a sketch plan – mechanical failure (broken ball pin of steering rod) as alternative cause – conviction unsafe and quashed.
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21 February 1975 |
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Appeal against convictions and sentences for attempted burglary and possession of housebreaking instruments dismissed.
* Criminal law – Attempted burglary – Appellant caught red‑handed with housebreaking tools – admission before neighbours – sufficiency of evidence to convict.
* Criminal law – Possession of housebreaking instruments by night – conviction upheld despite lack of corroboration for other named accomplices.
* Sentencing – Prevalence of offence and community harm – sentence affirmed.
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21 February 1975 |
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Uncorroborated single-witness identification and the complainant’s abnormal conduct raised reasonable doubt, so conviction quashed.
Criminal law – Robbery with violence – Identification evidence – Uncorroborated single eyewitness – Complainant’s conduct suggesting collusion – Reasonable doubt – Conviction quashed.
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19 February 1975 |
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Altering a cash voucher does not alone establish theft without proof of intention to permanently deprive.
Criminal law – Theft – mens rea (animus furandi) – alteration of payment document – conversion – burden of proof beyond reasonable doubt – factual timing of discovery of discrepancy.
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17 February 1975 |
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Housebreaking not proved; stolen goods in appellant’s possession support conviction for receiving, sentence increased to 18 months.
Criminal law – sufficiency of evidence for housebreaking – need for independent corroboration where inspection evidence exists but witnesses do not testify; Identification of stolen property – adequacy of descriptive and in-court comparison evidence; Recent possession doctrine – lapse of time may indicate receipt rather than theft; Substitution of conviction – theft substituted with receiving (s.311(1)); Sentence enhancement for substituted offence.
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17 February 1975 |
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Loss of trial exhibits does not automatically vitiate conviction; bank records and testimony can establish theft and confirm sentence.
Criminal law – theft from employer – lost documentary exhibits – appellate approach where exhibits are missing; documentary evidence, bank payment slips and bank testimony can substitute to prove disputed facts; accounting procedures and retention of cash to balance accounts as evidence of dishonest intention.
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17 February 1975 |
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Appeal dismissed: appellant's cattle-theft conviction upheld on authenticated document and witness evidence; five-year sentence confirmed.
Criminal law – Cattle theft – proof of theft by witness testimony and documentary evidence – authentication of document – absence of owner’s authority – sentence confirmation.
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7 February 1975 |
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Failure to inform accused of right to recall witnesses under s.196(1) by a succeeding magistrate renders proceedings a nullity.
Criminal procedure – transfer of trial magistrate – succeeding magistrate’s duty under section 196(1) to inform accused of right to re-summon and rehear witnesses – mandatory requirement – failure to inform fatal – proceedings nullity – retrial ordered.
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3 February 1975 |
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Court upheld mandatory minimum sentence, dismissing appellant's personal circumstances and enhancing the sentence.
Criminal law — robbery; plea of guilty; sentence enhancement under Minimum Sentences Act 1972 (s.5(b)); mandatory minimum sentences; timeliness of appeal against conviction; consideration of personal circumstances.
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3 February 1975 |
| January 1975 |
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1 January 1975 |