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Citation
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Judgment date
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| November 1981 |
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Accused who killed an assailant while rescuing his sister convicted of manslaughter and sentenced to eighteen months' imprisonment.
Criminal law – Unlawful killing versus lawful defence of another – Provocation and mitigation in sentencing – Acceptance of plea to lesser offence (manslaughter) – Sentencing reduced for mitigating circumstances including protection of relative and time spent in custody.
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16 November 1981 |
| October 1981 |
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Recent possession of distinct stolen property warranted inference of burglary and stealing; convictions and sentences upheld.
* Criminal law – Burglary and stealing – Recent possession doctrine – Possession of distinctive stolen property and pawning support an inference of guilt.
* Evidence – Credibility – Trial court’s acceptance of prosecution witnesses and rejection of defence witnesses upheld on appeal.
* Sentencing – Three years as minimum sentence for burglary; concurrent/ancillary six months for stealing not excessive.
* Appellate review – Courts reluctant to disturb factual and credibility findings supported by evidence.
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30 October 1981 |
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Eyewitness identification and circumstantial evidence supported manslaughter conviction; malice aforethought for murder not proved.
Criminal law – Homicide – Distinction between murder and manslaughter – reliability of nocturnal identification evidence – circumstantial evidence of motive (theft) – admissibility of post‑mortem report – mitigation and sentence after long pre‑trial custody.
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25 October 1981 |
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Appellants' receipt of a stolen watch after the theft supported robbery conviction and prescribed seven-year sentence was upheld.
Criminal law – Robbery (s.285 Penal Code) – Receiving stolen property after theft – participation and conspiracy – credibility findings of trial court – appellate interference; Sentence – seven years prescribed for robbery.
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21 October 1981 |
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Detention at a guarded, fenced resettlement centre is challengeable by habeas corpus; court ordered immediate release.
* Habeas corpus – detention at a resettlement centre – whether guarded/fenced centre constitutes unlawful custodial detention – availability of habeas corpus relief. * Procedure – leave to apply for habeas corpus – ex parte hearing and immediate full hearing.
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13 October 1981 |
| September 1981 |
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Appeal against severity of sentence dismissed; late mitigation raised on appeal rejected and concurrent two‑year terms confirmed.
Criminal law – Stealing by agent – Sentencing – Mitigation – Late‑raised explanations at appeal treated as afterthoughts; appellate interference with sentence refused where trial court’s sentencing was reasonable – Confirmation of sentences required by High Court.
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9 September 1981 |
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One appellant’s convictions were quashed for insufficient evidence; the other’s convictions were upheld based on recovered stolen property.
Criminal law – Sufficiency of evidence – housebreaking and stealing – possession/recovery of identifiable stolen goods – effect of delay between theft and recovery – appellate review of vague or poorly recorded trial proceedings.
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9 September 1981 |
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Convictions quashed where magistrate denied alibi witness, misdirected on burden and identification evidence was weak.
Criminal law – robbery with violence – identification evidence – arrests on suspicion – absence of identification parade – alibi – right to call witnesses – improper burden on accused – unsafe conviction.
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9 September 1981 |
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Appellants' robbery convictions quashed due to denial of defence witness opportunity and weak identification evidence.
Criminal law – robbery with violence – alibi – accused’s right to call defence witnesses – burden of proof – misdirection by trial magistrate – identification evidence – absence of arresting officer’s evidence and identification parade – unsafe conviction – appeal allowed.
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9 September 1981 |
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Divorce on respondent's alleged incurable mental illness refused; appellant's conduct caused breakdown and maintenance ordered.
* Family law – Divorce – Ground of incurable mental illness – Compliance with section 107(2)(h) – Failure to meet statutory requirements bars relief.
* Family law – Irretrievable breakdown – Court may consider overall conduct; breakdown caused or aggravated by applicant disentitles relief.
* Family law – Maintenance – Obligation to maintain spouse even if cohabitation is refused.
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8 September 1981 |
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A village cannot expropriate occupied land without compensating improvements, but the respondent’s land was not restored due to different village membership.
Jurisdiction of Primary Courts over village land disputes; village allocation of registered-village land; requirement to compensate for improvements and crops when land is reallocated; refusal to restore land to non-member claimant.
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8 September 1981 |
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Primary and District Courts had jurisdiction; village wrongly allocated cultivated land without paying compensation; appeal dismissed and compensation ordered.
Land law – village-allotted land and Primary Court jurisdiction – Village (Registration, Designation and Administration) Act No.21 of 1975 – distinction between land allocated to a registered village and land registered under the Land Registration Ordinance; Compensation – obligation to pay for improvements, crops and labour where village allocation/expropriation occurs; Restoration – membership of registered village relevant to entitlement to village land; Evidence – factual findings on crops and absence of criminal conviction affirmed.
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8 September 1981 |
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Appellate court quashes acquittal, finds prima facie case and orders accused to be called to give his defence.
Criminal law – sufficiency of evidence – prima facie case at pre-defence stage; accomplice evidence and corroboration (s.142 Evidence Act); procedure where acquittal entered without calling accused to give explanation.
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3 September 1981 |
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Circumstantial and hearsay evidence held insufficient to sustain the applicant's theft conviction; conviction quashed.
Criminal law – Theft from motor vehicle; circumstantial evidence must exclude innocent explanations; inadmissible/hearsay evidence cannot sustain conviction; prosecution duty to elicit primary evidence of material facts; appellate revisional powers to quash unsafe convictions.
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3 September 1981 |
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Recovery of stolen goods in appellant’s house soon after burglary upheld conviction; three‑year minimum sentence affirmed.
Criminal law – burglary and stealing – recovery of stolen property in accused’s house shortly after offence – identification of recovered items – sufficiency of evidence to uphold conviction; sentence review – minimum prescribed custodial term.
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3 September 1981 |
| August 1981 |
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Conviction based on association and unproven alibi is unsafe; prosecution must prove guilt beyond reasonable doubt.
Criminal law – sufficiency of evidence – alibi – burden of proof – accused not required to prove alibi; conviction cannot rest on mere association, proximity or suspicion; prosecution must prove guilt beyond reasonable doubt.
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25 August 1981 |
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Appellate court quashed cattle-theft conviction due to confused record and insufficient evidence linking the appellant to the stolen cattle.
Criminal law – Theft – Sufficiency of evidence – Identification of stolen property and proximity to recovered meat/skins – Failure to call an informant – Uncorroborated admissions – Unsafe conviction warranting quashing on appeal.
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25 August 1981 |
dministrative Law-Habeas Corpus application-Confinement in a fenced area at a Resettlement Centre-Whether tantamount to unlawful detentionResettlement of Offenders Act No. 8 of 1969. |
20 August 1981 |
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Confining a resettler behind barbed wire under armed guard is unlawful and removable by habeas corpus.
* Resettlement of Offenders Act – treatment of settlers – confinement behind barbed wire and 24‑hour armed guard – ultra vires and unlawful.
* Preventive Detention – effect of custodial measures at resettlement centre – unlawful deprivation of civil liberties.
* Criminal Procedure – habeas corpus (s.348) – appropriate remedy to challenge unlawful confinement.
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20 August 1981 |
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Appeal dismissed: driver who knowingly drove with defective brakes liable for collision and convictions.
Road Traffic Act – Reckless driving (s.42(1) & s.63(b)) – Vehicle not in good order (s.39(1)(a) & (5)) – Driver’s duty to ensure roadworthiness – Mechanical failure of brakes not a defence if driver knew of defect – Appeal dismissed.
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12 August 1981 |
| June 1981 |
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Illegal campaigning by party officials and candidate’s corrupt inducements rendered the election void.
Elections law – s.86, s.88, s.112, s.123(3) – delay in counting; failure to mix ballot papers; wrongful rejection of votes; illegal campaign by Party leadership; supply of goods to influence voters as corrupt practice; effect of illegal/corrupt practices on validity of election.
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16 June 1981 |
| May 1981 |
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Appeal dismissed: dangerous driving conviction and licence suspension upheld despite some uncalled passenger witnesses.
* Criminal law – Traffic offences – Causing death by dangerous driving – Sufficiency of evidence where some passengers not called as witnesses.* Administrative/penalty measure – Suspension of driving licence – Licence suspension applies to person rather than specific vehicle and serves public safety and deterrence.
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27 May 1981 |
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Appeal centres on whether nighttime identification of one intruder (in army uniform) and possession of uniform proved the appellant’s guilt.
* Criminal law – Identification evidence – recognition at night of one person in a group; identification parade. * Alibi – proof and onus. * Circumstantial evidence – defendant’s possession of army uniform as link to alleged perpetrators.
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27 May 1981 |
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Robbery conviction set aside for lack of intent to steal; conviction substituted for assault and release ordered.
* Criminal law – Robbery with violence – Requirement that intent to steal must exist before or at time of attack – absence of such intent defeats robbery charge.
* Facts showing family quarrel over ulanzi payment do not establish robbery.
* Substitution of conviction under section 181 Criminal Procedure Code to lesser offence (assault, s.240 Penal Code).
* Revisional powers can be exercised to alter convictions/sentences of co-accused who did not appeal.
* Sentence set aside and release ordered where time already served exceeds maximum for substituted offence.
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25 May 1981 |
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Convictions quashed where charges were defective, particulars vague, and relied-upon local regulations lacked shown statutory authority.
Criminal procedure – requirement to take separate pleas on multiple counts; Criminal law – section 179 Penal Code (unlawful act vs negligence) – particulars must disclose an offence known to law; Statutory authority – validity of local cholera regulations and powers under the Infectious Diseases Ordinance; Pleadings – vagueness and uncertainty of particulars; Evidence – irrelevant testimony does not cure defective charge.
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11 May 1981 |
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Fingerprint and witness evidence upheld, but stealing a vehicle part is simple theft, not "stealing from a motor vehicle."
Criminal law — Identification evidence — fingerprint evidence and witness identification; Statutory interpretation — "stealing from a motor vehicle" excludes parts of vehicle; Sentencing — scope of Minimum Sentences Act where victim is a private association.
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11 May 1981 |
CriminalPractice and Procedure Charge of rape Girl under 14 years-Whether proper under law-Section 131 of the Penal Code. Criminal Law-Defilement-Absolute offence Section 136(1) of Penal Code. |
11 May 1981 |
| April 1981 |
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Improper voir dire of a child witness rendered his evidence unaffirmed and the applicant's convictions were quashed.
Evidence — Voir dire under s.127(2) Evidence Act — court must first determine whether child understands nature of an oath; only thereafter consider intelligence and duty to speak truth; improper affirmation of child witness renders evidence unaffirmed. Criminal law — sufficiency of evidence — possession shortly after theft insufficient where plausible explanation exists.
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24 April 1981 |
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Failure to afford the accused opportunity to make his defence is a fatal irregularity requiring quashing of conviction.
Criminal procedure — s.206 CPC: accused's right to elect to give sworn evidence after case to answer — substantive right; failure to afford election is fatal irregularity. Evidence — s.127(2) Evidence Act: voir dire required for child witness; court must record findings on child's capacity.
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16 April 1981 |
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The respondent proved on balance of probabilities that his eye blindness resulted from the applicant's assault; appeal dismissed.
Assault and damages; medical evidence and causation; standard of proof in civil cases — balance of probabilities; latency of injury; credibility of expert testimony.
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3 April 1981 |
| March 1981 |
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Stay of execution refused where further delay would prejudice the respondent and encourage appellant’s delay.
Civil procedure — Stay of execution pending appeal — Previous stay granted and appeal dismissed — Further stay would encourage delay — Irreparable prejudice to respondent requiring immediate restoration of possession.
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16 March 1981 |
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Appellants’ convictions upheld where recent possession and witness credibility supported guilt; mandatory minimum sentence could not be reduced.
* Criminal law – housebreaking and stealing – evidence – doctrine of recent/close possession – sale of allegedly stolen item shortly after burglary as proof of guilt.
* Criminal procedure – appellate review – assessment of witness credibility by trial magistrate – appellate court’s limited scope to interfere.
* Sentencing – Minimum Sentences Act 1972 s.4(1) – mandatory minimum sentence for housebreaking.
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6 March 1981 |
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Applicant's appeal against theft-by-servant conviction dismissed; sale receipt found not genuine and minimum sentence upheld.
* Criminal law – Theft by servant – conviction under ss.265 and 271 Penal Code
* Evidentiary issues – evaluation of documentary evidence and credibility of a sale receipt
* Appeal – appellate court’s deference to trial magistrate’s findings of fact and credibility
* Sentencing – statutory minimum sentence upheld
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6 March 1981 |
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Appeal against robbery-with-violence conviction and minimum seven-year sentence dismissed; evidence credible, good-character defence rejected.
Criminal law – robbery with violence – sufficiency and corroboration of eyewitness evidence; defence of good character – weight and credibility; sentencing – statutory minimum sentence and appellate interference.
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6 March 1981 |
| January 1981 |
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Appellant's possession of newly issued, serially matching stolen notes and inconsistent explanations justified conviction despite delay.
Criminal law – office breaking and stealing – recent possession of stolen cash – matching denominations and consecutive serial numbers – credibility and inconsistent explanations – failure to put defenses to investigating officer – mandatory minimum sentence (s.5(d) Minimum Sentences Act).
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17 January 1981 |
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High Court summarily dismissed a criminal appeal as lacking sufficient grounds under section 317(1) Criminal Procedure Code.
* Criminal procedure – summary dismissal of appeals – application of section 317(1) of the Criminal Procedure Code where appeal is lodged without sufficient ground – effect of judicial certification is to dismiss appeal summarily.
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8 January 1981 |
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Convictions and concurrent three‑year sentences for forgery, uttering and false pretences affirmed despite single‑witness identification.
* Criminal law – Forgery, uttering and obtaining money by false pretences – Reliance on single-witness identification – Reliability and corroboration; * Evidence – Adverse inference under s.122 Evidence Act for failure to call material witness; * Procedure – Defect in particulars (omission of "with intent to defraud") not causing miscarriage of justice; * Sentencing – Application/misapplication of Minimum Sentences Act and assessment of proportionality.
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7 January 1981 |
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An accused may be charged and convicted of multiple offences from the same dangerous driving act; sentences may run concurrently.
Road Traffic Act – Dangerous driving causing death and bodily injury – Charging multiple offences arising from same act – Multiple convictions permissible for non-capital offences – Sentences ordered to run concurrently to avoid double punishment.
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1 January 1981 |
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Appellate court finds evidence of both hoarding and unlicensed trading credible and dismisses the appellant’s appeal.
* Criminal law – Hoarding and trading without a licence – Credibility of accused’s explanation that seized goods were for domestic use – Appellate review of trial acquittal.
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1 January 1981 |
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Acquittal upheld where prosecution failed to prove dangerous driving and pedestrian’s sudden emergence caused the collision.
Criminal law – causing death by dangerous driving – requirement of proof beyond reasonable doubt – sudden emergence of pedestrian from behind stationary bus – victim’s contribution to accident and effect on criminal liability.
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1 January 1981 |
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Recent possession of stolen goods sustained conviction for housebreaking and stealing; appeal dismissed and sentences affirmed.
Criminal law – housebreaking and stealing – recent possession of stolen goods – application of doctrine of recent possession to infer guilt – adequacy of defence explanation – confirmation of sentence.
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1 January 1981 |
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Taxi-driver evidence sufficiently implicated the appellant in theft; conviction and five-year sentence affirmed.
* Criminal law – theft/stealing by servant – whether presence and instructions to taxi driver establish participation in theft.
* Evidence – credibility of witness (taxi driver) and sufficiency to ground conviction.
* Defence of ignorance – whether fetching a vehicle at others’ request absolves accomplice liability.
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1 January 1981 |
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Appellate court affirms district court where appellant failed to call key witness and credibility findings favoured the respondent.
Civil procedure — Appeal — Appellate interference with trial court credibility findings — Appellant's failure to call key witness and to appear at resumed hearing — Agency allegation — Assessment of contract terms' plausibility.
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1 January 1981 |
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Appeal dismissed where evidence showed house was built from late husband’s estate proceeds and contrary claims were rebutted.
Property/restitution – ownership of house built from sale proceeds of deceased’s estate – widow’s claim that father built house rebutted – appellate review of lower courts’ factual findings.
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1 January 1981 |