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Citation
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Judgment date
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| December 1979 |
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Convictions quashed where prosecution failed to call material witnesses and prove omissions were attributable to the accused.
Criminal law – Stealing by public servant; Fraudulent false accounting – Burden of proof; Failure to call material witnesses – Effect on safety of conviction; Administrative omissions cannot be imputed without evidence.
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24 December 1979 |
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Appeal allowed where evidence did not clearly identify the aggressor and two‑year sentence was excessive; appellant ordered released.
* Criminal law – Assault causing grievous harm – Adequacy of evidence to identify aggressor and sustain conviction. * Criminal law – Self‑defence – relevance where parties engaged in a mutual fight and appellant was injured. * Sentencing – Manifestly excessive sentence; mitigation and time already served; leniency for expectant offenders.
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24 December 1979 |
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Accused’s protracted, deliberate assault with an iron bar showed malice aforethought; provocation defence rejected, convicted of murder and sentenced to death.
Criminal law – Offence: murder v. manslaughter – Defence of provocation – Whether provocation was sudden and grave – Medical and eyewitness evidence establishing repeated, heavy blows and malice aforethought – Extra‑judicial confession and surrender of weapon corroborating guilt.
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13 December 1979 |
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Burglary conviction quashed for lack of breaking or intent; theft conviction upheld for taking back previously given items.
* Criminal law – Burglary – elements require proof of breaking and intent to commit felony at time of entry – lack of evidence of either defeats burglary charge.
* Criminal law – Theft – taking back previously given portable items may constitute stealing where no lawful claim of right is shown.
* Evidence – credibility of complainant’s account and recovery of property affect compensatory awards.
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12 December 1979 |
| November 1979 |
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30 November 1979 |
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Guilty plea and first-offender status merit leniency, but calculated theft by a public servant justified a deterrent nine-year sentence; theft sentences ordered concurrent.
Sentencing — plea of guilty and first-offender status as mitigating factors; sentencing discretion vs deterrence for public servants' theft; consecutive versus concurrent sentences for multiple counts arising from similar transactions; appellate review of sentence.
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29 November 1979 |
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Court reduced custodial sentences and quashed juvenile's sentence due to mitigation and doubt as to age.
Criminal law – Sentencing – First offender and early plea of guilty attract leniency; Sentencing alternatives (fines vs imprisonment) for price-control offences; Juvenile protection – doubt as to age resolved in accused's favour; Children and Young Persons Ordinance s.22(2) precludes imprisonment of a young person if other measures are suitable.
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29 November 1979 |
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Appellate court upheld theft and receiving convictions, quashed misapplied theft conviction where appellant was accessory after the fact.
Criminal law — Theft — Evidence to prove participation in removal and transport supports conviction for theft; Receiving stolen property — mens rea: knowledge or reason to believe property was stolen; Retaining stolen property — distinct mental element: dishonest retention may occur after innocent receipt; Accessory after the fact — distinct offence under section 388, not minor/cognate to theft; Section 181 CrPC inapplicable to substitute accessory after the fact for theft.
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21 November 1979 |
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Court permitted admission of requisitions not tendered at trial and adjourned the appeal to admit them.
* Criminal appeal – admission of additional evidence – requisitions seized in investigation but not tendered at trial – court grants application to admit exhibits and adjourns appeal.
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19 November 1979 |
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Court reduced excessive fines for labour-safety offences to token fines and ordered reimbursement.
Labour/occupational safety – failure to provide adequate working facilities and accommodation for clothing (ss.47,73 Cap.397); sentencing – excessiveness of fines; mitigating factors (immediate compliance, nature of timber work, intermittent water supply, no previous convictions); substitution with token fines and restitution.
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7 November 1979 |
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Court convicted five accused of murder after accepting medical and eyewitness evidence; two accused acquitted for insufficient identification.
Criminal law – Murder – Causation of death by blunt force trauma established by pathological evidence – Identification and credibility of eyewitnesses – Individual assessment of accused; benefit of doubt where evidence is insufficient – Alibi rejected where contradicted by credible witnesses.
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6 November 1979 |
| October 1979 |
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Appeal challenges convictions where one count rested solely on alleged recent possession and a material search witness was not called.
Criminal law – robbery with violence – recent possession as basis for conviction – failure to call a material witness present at search may create reasonable doubt – separate assessment of evidence for multiple robberies where one count relies solely on alleged recent possession.
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31 October 1979 |
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Appellant’s ivory-possession conviction quashed: prosecution failed to prove guilt beyond reasonable doubt.
Criminal law – Wildlife offences – Unlawful possession of government trophies (elephant tusks) – Sufficiency of prosecution evidence; Challenge to trial record/claimed fabrication of defence evidence – credibility and inconsistencies of witnesses – appellate review and benefit of doubt – conviction quashed.
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31 October 1979 |
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Forgery conviction quashed for lack of proof; convictions for uttering a false document and obtaining goods by false pretences upheld; sentence reduced.
Criminal law – forgery – requirement of direct or sufficient circumstantial evidence to prove accused forged document; uttering false document – guilt where accused presents known false document as genuine; obtaining goods by false pretences – conviction where false representation induces supply of goods; sentencing – omnibus sentence excessive; identification parade unnecessary when accused is well known to witnesses.
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30 October 1979 |
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Applicant's conviction reclassified to stealing by servant; appeal dismissed.
* Criminal law – theft – distinction between 'person employed in the public service' and 'servant' (ss.270, 271, 265 Penal Code); * Evidence – absence of primary receipts does not preclude conviction where witness testimony and admissions establish receipt and non-accounting; * Specified authority – political party funds held to belong to a specified authority under Criminal Sentences Act; * Sentence – minimum statutory sentence upheld.
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29 October 1979 |
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Recent possession and satisfactory identification upheld convictions despite absent serial numbers and a mis-cited statutory section.
* Criminal law — Store-breaking and stealing (Penal Code s.296) — recent possession doctrine — possession shortly after theft and pointing out buried stolen property supports conviction.
* Evidence — Identification of stolen property — absence of serial numbers does not necessarily vitiate prosecution where items are satisfactorily identified.
* Criminal procedure — Mis-pleading of statute — incorrect citation of Penal Code section not fatal where substance of charge is clear and no prejudice shown.
* Sentencing — Consecutive sentences — exceptional circumstances may justify consecutive terms where offences are serious and dangerous property involved.
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29 October 1979 |
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Appeal dismissed: appellant failed to prove entitlement to salary/benefits; must repay deposited funds and pay costs.
* Employment/contract – Claim for unpaid salary and benefits – burden of proof and necessity of witnesses/documents.
* Association law – Constitution of society does not permit unilateral fixation of remuneration.
* Removal from membership – lawful where member caused loss in terms of society rules.
* Execution – deposited funds paid out must be repaid if order requires; third party claiming wrongful attachment must object in trial court.
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25 October 1979 |
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Accused who killed five was acquitted by reason of insanity and ordered detained as a criminal lunatic.
Criminal law – Insanity defence – Paranoid schizophrenia with auditory and visual hallucinations – evaluation of psychiatric evidence versus eyewitness and extra‑judicial statements – detention under section 168(1) and (2) Criminal Procedure Code.
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24 October 1979 |
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Conviction cannot rest on mere suspicion from proximity and association when no direct evidence links the appellant to the theft.
Criminal law – Appeal – Conviction based on mere suspicion – Insufficient evidence where stolen goods found only in co-accused's premises and key witness unable to identify sellers.
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23 October 1979 |
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Appeal dismissed: sufficient evidence supported the applicant’s theft conviction and mandatory sentence could not be disturbed.
* Criminal law – Theft (s.265 Penal Code) – Sufficiency of evidence – tracing stolen goods to place of sale/workshop – assessing accused’s denial; * Sentencing – Mandatory sentence – appellate interference limited where law prescribes mandatory term.
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19 October 1979 |
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Appeal dismissed: conviction for attempted theft by false pretence upheld; evidence and intent found sufficient, three-year sentence sustained.
Criminal law – Attempted theft by false pretence – Identity fraud to claim NPF/pension voucher – Sufficiency of evidence – Sentence: statutory minimum upheld despite first offender/probation request.
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19 October 1979 |
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Conviction quashed where conflicting evidence and missing witness created reasonable doubt about alleged theft.
Criminal law – Theft by servant – Sufficiency of evidence – Conflicting witness accounts and unresolved discrepancies creating reasonable doubt – Disappearance of a suspected co-conspirator insufficient alone to convict.
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17 October 1979 |
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Appeal against conviction for public-service theft dismissed; sentence reduced as Minimum Sentences Act did not apply.
Criminal law – Theft by person in public service – Credibility and circumstantial evidence – Defence of money placed in locked cash box – Importance of cross-examination on key issues – Sentence – Minimum Sentences Act inapplicable where employer not a scheduled company – Appellate reduction of excessive sentence.
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17 October 1979 |
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Failure to take evidence and give a reasoned judgment requires setting aside Primary Court proceedings and ordering retrial.
Primary Courts -- Civil procedure -- Requirement to take sworn evidence and allow parties to call witnesses where value and entitlement are disputed; inadmissibility of court/assessors' unauthorised personal valuations as substitution for evidence; duty to deliver a written reasoned judgment under Magistrates' Courts (Civil Procedure in Primary Courts) Rules, 1964; setting aside proceedings and remittal for retrial.
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16 October 1979 |
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Appellate court upheld conviction for assault causing actual bodily harm and affirmed a three-year sentence.
* Criminal law – assault causing actual bodily harm; torture and degrading treatment; identification evidence; credibility of police witnesses; appellate review of sentence.
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12 October 1979 |
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A magistrate must call an accused to show cause before forfeiting bail; ex parte forfeiture in chambers is improper.
Criminal procedure – Forfeiture of bail – Requirement to call accused to show cause before forfeiture; Validity of ex parte orders made in magistrate’s chambers; Natural justice and procedural fairness in deprivation of bail.
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12 October 1979 |
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Appellate court upheld convictions for attempted theft and possession of suspected stolen property based on eyewitness evidence and unsubstantiated defence.
Criminal law - Attempted theft - possession of suspected stolen property - credibility of eyewitnesses - burden of proof - failure to call ownership witnesses weakens defence - appellate review of sufficiency of evidence.
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12 October 1979 |
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Appeal against conviction for stealing by servant raises issues of admissibility and corroboration of admissions and chain of possession.
Criminal law – theft by servant – chain of possession – admissibility and reliability of admissions – requirement for corroboration of accomplice testimony – effect of co‑accused’s acquittal on safety of conviction.
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12 October 1979 |
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Conviction for obtaining by false pretences upheld where post‑dated cheque bounced and intent to defraud was found.
* Criminal law – Obtaining by false pretences – Post‑dated cheque dishonoured – evidence of intent to defraud.
* Civil v criminal remedies – disputes over number/possession of cattle are civil matters.
* Statutory interpretation – recommendation to amend Penal Code to cover representations as to the future.
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11 October 1979 |
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Circumstantial evidence and key custody established the applicant's guilt; conviction and statutory minimum sentence upheld.
Criminal law – Stealing by servant – Circumstantial evidence; Custody and issuance of duplicate keys; Credibility of defence alleging conspiracy and alternative suspect; Trial judge's reasons and alleged bias; Appropriateness of statutory minimum sentence.
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9 October 1979 |
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Manslaughter not proved where fatal injuries may have resulted from fall during lawful re-arrest, accused acquitted.
Criminal law – Manslaughter – burden of proof; causation and timing of fatal injuries; lawful use of force to re-arrest an escaping suspect; common intention; alternative convictions and requirement of adequate notice.
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1 October 1979 |
| September 1979 |
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Appeal allowed: circumstantial and uncertain identification evidence insufficient to sustain robbery and possession convictions.
* Criminal law – Circumstantial evidence – Sufficiency to prove guilt beyond reasonable doubt – Identification uncertain; no stolen property on accused. * Criminal law – Arrest and linkage to offence – Separate arrests and absence of incriminating articles undermine conviction. * Evidence – Reliability of eyewitness identification where witness cannot guarantee identification.
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28 September 1979 |
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Conviction for receiving quashed where prosecution failed to exclude others depositing stolen radios in appellant’s storeroom.
Criminal law – Receiving stolen property – Sufficiency of evidence – Doctrine of recent possession inapplicable where goods recovered long after theft and items change hands quickly – Possession in premises owned by accused insufficient without proof of knowledge – Benefit of doubt.
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27 September 1979 |
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Convictions for stealing by servant quashed due to unreliable and insufficient evidence from incomplete hotel records.
* Criminal law – stealing by servant – sufficiency of evidence – omissions in business records (Goods Received Book, Bin Cards) insufficient to prove theft absent corroborative documentary proof (delivery receipts, requisition vouchers) and where missing records render inventory balancing unreliable.
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26 September 1979 |
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An appeal was treated as abandoned and withdrawn after the applicant repeatedly failed to appear despite adjournments.
* Criminal procedure – appellant’s attendance – appeal treated as abandoned where appellant repeatedly fails to appear despite adjournments; appeal withdrawn from cause list.
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21 September 1979 |
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Concurrent findings of insufficient evidence and unsupported complaints about witness exclusion justify dismissal of the appeal.
Civil procedure – appeal against dismissal of adultery/damages claim; concurrent factual findings of Primary and District Courts – insufficient evidence to establish adultery; allegation of denied opportunity to call witnesses unsupported by the record – appellate interference not warranted.
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19 September 1979 |
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Acquittal upheld where prosecution failed to prove respondent knowingly received stolen goods.
* Criminal law – Receiving stolen property – recent possession and presumption of guilty knowledge – burden on prosecution to prove knowledge beyond reasonable doubt. * Evidence – credibility findings; corroboration by watchman. * Identification – marking and delivery documents sufficient to identify goods but do not alone establish guilty knowledge. * Procedure – appellate review where trial magistrates differ; acceptance of defence explanation that may reasonably be true.
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17 September 1979 |
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Whether the appellant needed a permit turned on whether Tanga was the nearest Board office; court remitted that factual issue for evidence.
* Criminal law – Transport control – Whether transporting agricultural produce without a permit contravenes s.6(3) where sale at nearest Board office would obviate permit requirement.
* Evidence – Appeal procedure – Remittal for additional evidence on a specific factual issue rather than ordering a retrial.
* Plea – Unequivocality of guilty plea where mitigation suggests a factual basis negating the offence.
* Procedure – Rights of appellant to cross-examine and call witnesses when additional evidence is taken on appeal.
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12 September 1979 |
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Exclusive financing, possession and registration establish sole ownership; maintenance attachment ordered until arrears and regular payments secured.
* Property law – ownership and co-ownership – contribution, possession, registration and payment of rates as evidence of sole ownership.
* Evidence – weight of acts and financial contribution versus nominal assistance in establishing proprietary rights.
* Family law – child maintenance – attachment of salary for arrears and conditional reconsideration of custody based on proven, regular maintenance payments.
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10 September 1979 |
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Appellate court substituted concurrent four-year sentence for an excessive seven-year aggregate in multiple stealing-by-agent convictions.
* Criminal law - Stealing by agent - Multiple convictions at same trial - Sentencing principles on concurrent versus consecutive terms.
* Sentencing - Grouping of sentences - Need for reasoned basis when ordering consecutive sentences.
* Sentencing - Aggravating (breach of trust) and mitigating factors (first offender, small total amount) - appellate reduction for manifestly excessive aggregate sentence.
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10 September 1979 |
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Grantor’s credible testimony establishing plaintiff’s title upheld; appeal dismissed with costs.
* Land dispute – ownership of shamba – credibility of original grantor’s evidence as determinative of title; appellate review of lower court findings.
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5 September 1979 |
| August 1979 |
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Conviction for stealing upheld where seller retained registration documents and attempted to use them to deprive the buyer.
* Criminal law – Stealing (Penal Code s.265) – elements: payment, delivery of documents, retention and attempted use of registration card as evidence of intent to deprive. * Evidence – corroboration by independent witness. * Property transfer – whether passing of property precludes theft conviction. * Sentence – custodial sentence of nine months held not excessive.
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31 August 1979 |
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Uncorroborated co-accused testimony cannot safely sustain a theft conviction; conviction quashed and sentence set aside.
Criminal law – Accomplice/co-accused evidence – Necessity for cogent independent corroboration – Uncorroborated accomplice evidence insufficient to sustain conviction for theft.
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22 August 1979 |
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Provocation is no defence to assault; sentence reduced as manifestly excessive, ordering immediate release.
* Criminal law – assault causing grievous harm – provocation is not a defence to assault;* Sentencing – review for manifestly excessive sentence;* Definition of "dangerous harm" – requires harm endangering life;* Mitigation – flagrante discovery, remorse and remand time may justify sentence reduction.
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16 August 1979 |
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Circumstantial evidence conviction unsafe where magistrate misdirected and key exhibit was not produced.
Criminal law – circumstantial evidence – all circumstances must be clearly proved and point irresistibly to guilt; misdirection by trial magistrate on tampering and absence of exhibit (cash box) rendered conviction unsafe.
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10 August 1979 |
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Appellate court quashed conviction for theft by public servant where trial relied on suspicion and misdirected assessment of evidence.
* Criminal law – Theft by public servant – Proof beyond reasonable doubt required before conviction – Suspicion insufficient. * Evidence – Assessment of credibility – appellate review where trial court misdirects or omits consideration of material evidence. * Property in custody of escort and exclusive key possession – not conclusive proof of theft where alternate explanations exist.
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3 August 1979 |
| July 1979 |
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Appeal allowed: convictions quashed because prosecution failed to prove theft beyond reasonable doubt due to unreliable identification and missing witness.
* Criminal law – Stealing by public servant – sufficiency of evidence – identification evidence based on single witness – absence of identification parade and corroboration.
* Evidence – credibility assessment – trial judge must give specific reasons for accepting witness evidence.
* Evidence – duty to call material witness – failure to call crucial witness and non-production of alleged exhibits may fatally weaken prosecution case.
* Burden of proof – prosecution must prove guilt beyond reasonable doubt; unresolved doubts must be resolved for the accused.
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28 July 1979 |
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Conviction for housebreaking and theft quashed where evidence was limited to an unsworn child's statement and was otherwise absent.
Criminal law – sufficiency of evidence – conviction for housebreaking and theft unsafe where only evidence is unsworn child's statement, no proof of breaking and entering, and alleged stolen items not produced.
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27 July 1979 |
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Presence with co-accused and conduct at scene established common intention for attempted theft; conviction upheld.
Criminal law – Attempted theft (ss. 381, 265 Penal Code) – Presence and conduct establishing common intention (s. 23 Penal Code) – Identification parade and sufficiency of evidence – Conviction upheld.
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27 July 1979 |
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Forfeiture of a recognizance deposit requires issuance of a warrant and opportunity for the accused to show cause before forfeiture.
* Criminal procedure – Forfeiture of recognizance – Section 131 CPC – Requirement to issue warrant and call accused to show cause before forfeiture. * Procedural fairness – Accused must be given opportunity to explain non‑appearance before deposit is forfeited. * Appeal – High Court sets aside peremptory forfeiture and orders refund.
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26 July 1979 |