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Citation
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Judgment date
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| December 1982 |
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An unequivocal guilty plea bars challenge to conviction; a two-year sentence for obtaining money by false pretences was upheld.
* Criminal law – Plea of guilty – unequivocal plea precludes challenge to conviction – later allegation of police trickery not persuasive.
* Criminal law – Offence of obtaining money by false pretences – statutory maximum sentence – appellate review of sentence for excessiveness.
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21 December 1982 |
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Conviction quashed where prosecution failed to prove ownership of goods and trial magistrate wrongly shifted onus to accused.
Criminal law — burden of proof — onus remains on prosecution; Identification of stolen goods — similarity of colour alone insufficient; Requirement for complainant to describe distinctive features before identification; Appellate power to quash conviction where prosecution fails to prove case.
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21 December 1982 |
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The appellant overcharged the respondent by concealing excessive rent within service charges; appeal dismissed with costs.
Rent law – standard rent fixed by Rent Tribunal – landlord’s attempt to circumvent standard rent by combining rent with service charges – apportionment of utility/service costs where owner shares services – entitlement to refund for overpayment.
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17 December 1982 |
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Identification-parade defects rendered most convictions unsafe; only two appellants proven guilty of assaulting a police officer.
* Criminal law – Identification parades – safeguards and admissibility – identification evidence must be watertight; parade procedures must be scrupulously observed.
* Criminal law – Offences under s.243(b) Penal Code – assaulting police in execution of duty; obstructing police – sufficiency of evidence for conviction.
* Appellate review – quashing convictions where identification evidence is unreliable.
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17 December 1982 |
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Alterations to railway records and failure to account for a missing parcel upheld convictions for forgery and theft.
Criminal law – Forgery – omission of express allegation of intent to defraud in particulars not fatal where charge states "did forge"; record alterations as evidence of forgery and linked theft; missing consignment and inability to account support inference of stealing; non-production of conductor's Guard Memo Book not necessarily exculpatory.
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14 December 1982 |
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Conviction for malicious damage upheld where appellant cut a tree on land adjudicated to the respondent and ignored the tribunal decision.
* Criminal law – Malicious damage to property – Cutting down tree on land adjudicated to another – Admissibility and effect of District Land Tribunal decision as evidence; failure to appeal versus commission of offence * Evidence – Admission by accused and corroborating documentary and witness evidence sufficient to sustain conviction * Remedies – Civil or administrative remedy (appeal against tribunal) not a defence to criminal liability for wilful damage
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2 December 1982 |
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Reported
Criminal Practice and Procedure — Bail — Accused fails to appear but is later produced by bondsman — Circumstances justifying forfeiture. |
1 December 1982 |
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Forfeiture of surety bonds is discretionary; court quashed unjust forfeiture and ordered refunds.
Criminal law – Surety and bail – Discretionary forfeiture; Forfeiture is not automatic where surety shows cause; Section 131 Criminal Procedure Code – remission of penalty and recovery procedures; Improper committal for non-payment before statutory recovery steps; Relevant authorities: Hudson s/o Salum v R; H v Abdallah Amid v Daley/Jusuf.
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1 December 1982 |
| November 1982 |
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Conviction for death by dangerous driving upheld; sentence reduced and driving disqualification set aside for procedural and mitigating reasons.
Criminal law – dangerous driving causing death – adequacy of charge particulars – curable under s.346 CPC where facts disclose offence and accused pleads guilty; Res ipsa loquitur – not a basis for criminal conviction but circumstantial evidence may establish guilt; Sentencing – "special reasons" to depart from statutory minimum include offender’s youth and mitigation; Traffic Act s.27 – court must call for special reasons before disqualification order.
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26 November 1982 |
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Appeal dismissed: extra‑judicial admission, recent possession and matching shoe marks support conviction.
* Criminal law – conviction for housebreaking and stealing – identity and recent possession – prompt arrest and possession of stolen property as proof of guilt.
* Evidence – extra‑judicial confession/admission to village secretary – admissibility and weight.
* Criminal procedure – accused addressed under section 206 and election to give sworn defence – waiver of right to call defence witnesses.
* Evidence – importance of contemporaneous detailed description of stolen property to authorities for identification purposes.
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25 November 1982 |
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Conviction for receiving stolen cattle upheld; compensation order for unrecovered cattle quashed.
Criminal law – Receiving stolen property – Conviction under section 311 – Knowledge of unlawful origin inferred from possession and appellant’s admissions; recent possession doctrine not available where significant time elapsed; improper compensation orders where liability for unrecovered stolen goods not proved.
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19 November 1982 |
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Recent possession of identified, tampered-branded cattle upheld conviction for theft; appeal dismissed.
Criminal law – cattle theft – identification of stolen property despite tampered brands – doctrine of recent possession – adequacy of accused's explanation – duty to summon witness where address not disclosed.
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19 November 1982 |
| October 1982 |
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Refund of dowry does not itself dissolve marriage and a father is not liable for his grown daughter’s subsequent remarriage.
Customary marriage – effect of refund of dowry – refund does not automatically dissolve marriage; Liability for daughter’s remarriage – father not liable for grown daughter’s independent acts; Recovery of expenses – plaintiff must establish legal basis for reimbursement of costs incurred tracing deserted spouse.
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30 October 1982 |
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Material inconsistencies in witness testimony undermined the loan claim, so the appellant failed to prove his case and appeal was dismissed.
Evidence – credibility of witnesses; inconsistencies as to timing of alleged transaction; burden of proof on balance of probabilities; appellate review of primary court findings; possible fabrication or use of false witnesses.
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27 October 1982 |
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Appeal dismissed — dowry refund on marriage breakdown upheld while partial rebate for services left undisturbed due to no cross-appeal.
Family law — Bridewealth/dowry — refund on breakdown of marriage where no issue — claim for rebate/set-off for services rendered by bride — res judicata and appellate procedure; effect of failure to cross-appeal.
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19 October 1982 |
Criminal Law - Resettlement of Offenders Act - Failure to comply with a resettlement order contrary to section 13 (1) of the Resettlement of Offenders Act 1969- Resettlement order not made by relevant minister-Accused left precincts settlement centre without authority of officer in charge - Whether this amounted to failure to comply with resettlement order. |
11 October 1982 |
| September 1982 |
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Appeal dismissed; convictions and concurrent five‑year sentences for public‑officer false accounting and theft upheld; compensation ordered.
* Criminal law – False accounting and theft by public officer – Preparation of fictitious payment vouchers, conversion of public funds to private use. * Evidence – Credibility of ordinary labourer witnesses – not accomplices; caution required but testimony admissible. * Sentencing – Systematic misappropriation by public officer justifies custodial sentences; appellate court will not disturb appropriate sentences. * Remedy – Compensation order for misappropriated public funds upheld.
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10 September 1982 |
Criminal Law-Theft-Test for asportation. Minimum Sentence Act-Minimum sentence for attempted cattle theft-Minimum sentence for cattle theft-Minimum Sentences Act, 1972 ss.4(a) and 5(c). |
10 September 1982 |
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The applicant's recent possession of stolen items and unsupported third-party ownership claim failed to rebut conviction and sentence.
Criminal law – Burglary and theft; doctrine of recent possession; presumption of guilt from recent possession of stolen goods; unsworn statements and failure to call alleged owner; weight of evidence; appeal against conviction and sentence dismissed.
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10 September 1982 |
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Slight movement of stolen cattle suffices for completed theft; conviction varied and five-year sentence upheld.
Criminal law – Theft – Cattle theft – Slightest movement of property suffices for completed theft; attempted theft vs completed theft. Sentencing – Minimum Sentences Act – applicable minimum for attempt (3 years) vs completed cattle theft (5 years). Credibility – frame-up defence rejected.
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10 September 1982 |
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Recent possession of a stolen firearm found soon after theft supports conviction for robbery and unlawful firearm possession.
* Criminal law – robbery – conviction sustained where stolen firearm recovered days after theft in guest-house room occupied by accused’s party. * Criminal evidence – recent possession doctrine – possession shortly after theft permits inference of participation in the offence. * Credibility – appellate court defers to trial magistrate’s acceptance of police and guest-house receptionist testimony. * Sentencing – statutory minimum for robbery and fine/default imprisonment for unlawful firearm possession affirmed.
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10 September 1982 |
| August 1982 |
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13 August 1982 |
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Complainant’s identification of stolen trousers corroborated by tailor was sufficient to uphold convictions; appeal dismissed.
Criminal law – Identification evidence – Identification of stolen property by complainant and corroboration by tailor – Sufficiency of evidence to prove possession of stolen property; Criminal law – Defence of lawful purchase – Vague witness account insufficient to raise reasonable doubt; Appeal – Appellate interference – credibility findings of trial court not lightly disturbed.
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12 August 1982 |
| July 1982 |
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Conviction under an alternative offence is unsafe if the appellant was not charged with or warned about that alternative offence.
Prevention of Corruption Act s9(1)A – alternative conviction under Penal Code s312 – requirement that prosecution plead alternative charge or court warn accused – fair trial and safety of conviction.
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29 July 1982 |
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Appellant's alibi rejected; credible eyewitness identification sustained cattle-theft conviction and appeal dismissed.
Criminal law – theft (cattle) – evaluation of eyewitness identification and alibi – appellate review of credibility findings – conviction affirmed where credible eyewitnesses proved offence beyond reasonable doubt.
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22 July 1982 |
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Conviction quashed where prosecution produced no evidence and conviction rested improperly on co‑accused’s self‑exculpatory statements.
* Criminal law – sufficiency of prosecution evidence – no case to answer under section 205 where prosecution produced no evidence linking accused. * Criminal procedure – inadmissible basis for conviction – reliance on co‑accused’s self‑exculpatory statements in their defence is improper to convict another. * Appeal – convictions unsupportable where prosecution does not support conviction and conviction rests on others’ defence evidence.
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22 July 1982 |
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Appeal against trespass and malicious-damage convictions quashed and sentences set aside; release not ordered as sentences already served.
Criminal law – Criminal trespass and malicious damage to property – Land dispute where civil/customary authorities adjudicated ownership – Appeal quashing convictions and setting aside sentences; release order futile where sentence already served.
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14 July 1982 |
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Convictions quashed where prosecution failed to prove theft by agent beyond reasonable doubt despite curable procedural irregularities.
Criminal procedure — Succession of magistrates in trial and judgment (s.196 CPC); Substitution of charge after witnesses have testified and right to recall (second proviso to s.209(1) CPC); Curability of irregularity under s.346 CPC; Burden and standard of proof — reasonable doubt; Chain of custody and integrity of seals in prosecutions for theft by agent.
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14 July 1982 |
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Circumstantial evidence supported unlawful possession of elephant tusks; conviction upheld though sentence deemed excessive.
* Criminal law – unlawful possession of government trophies under Wildlife Conservation Act – possession and knowledge established by circumstantial evidence (concealment). * Evidence – circumstantial inference from conduct (moving charcoal and concealment) sufficient to prove possession beyond reasonable doubt. * Sentencing – two-year custodial term noted as possibly excessive and may already have been served.
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8 July 1982 |
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Appeal allowed: identification and corroboration were inadequate, conviction based on suspicion quashed and sentence and compensation set aside.
* Criminal law – identification evidence – requirement to explain circumstances and reliability of identification (lighting, proximity, opportunity to observe).
* Criminal law – corroboration – limited weight of evidence showing presence or prior quarrel when not witnessing the assault.
* Criminal procedure – unsafe conviction – conviction based on suspicion must be quashed.
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6 July 1982 |
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Appellate court restores trial finding of ownership where appellate reversal lacked adequate reasons and witness credibility was doubtful.
Civil dispute — ownership of livestock — credibility of witnesses and assessors’ findings — appellate reversal without adequate reasons — restoration of trial court decision.
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2 July 1982 |
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Conviction for corrupt transaction quashed where evidence suggested repayment or reward, not inducement, and prosecution failed to prove corruption.
* Criminal law – Corruption – section 3(1) Prevention of Corruption Act – need to prove corrupt receipt/inducement beyond reasonable doubt.
* Criminal procedure – Variance between charge particulars and evidence – amendment under section 209(1) Criminal Procedure Code; defect potentially curable.
* Evidence – distinction between reward/repayment and corrupt inducement; burden of proof in criminal cases.
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1 July 1982 |
| June 1982 |
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Insufficient evidence for burglary/theft, but disposal of goods warranted conviction for receiving stolen property under section 311(1).
Criminal law – evidence and identification – insufficiency of evidence to prove burglary and theft – improper inference as to identity of a woman seen with accused – disposal of goods in latrine as evidence of knowledge – substitution of conviction to receiving stolen property (s.311(1) Penal Code).
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23 June 1982 |
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The appellants' cattle‑theft convictions were quashed for insufficient and unreliable identification and hearsay evidence.
Criminal law – theft – sufficiency of evidence – identification at dusk – weight of evidence of roasting meat – admissibility/weight of extra‑judicial statements by co‑accused – unsafe conviction on appeal.
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18 June 1982 |
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Appellate court upheld conviction where credible witness evidence showed appellant sold the complainant's bull without consent.
* Criminal law – Theft – Sale of another’s property without consent – Evidence and witness credibility as basis for conviction.
* Criminal procedure – Appeal – Appellate interference with findings of fact and credibility – limits where lower courts’ assessments are reasonable.
* Evidence – Innocent purchaser – corroboration of purchaser’s claim and effect on co-accused’s liability.
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18 June 1982 |
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Multiplicity of identical charges and absence of proof that vouchers "told a lie about themselves" rendered convictions unsafe; appeals allowed.
* Criminal law – multiplicity of charges – definitions in ss.333–336 Penal Code are definitional, not separate offences – improper to charge same acts as both forgery and making a false document.
* Forgery – requirement that document "tell a lie about itself"; false assertions in a payment voucher do not necessarily constitute forgery.
* Evidence – attendance registers are not conclusive proof of presence; prosecution must adduce direct evidence to prove accused were not on duty.
* Uttering and stealing by public servant – convictions unsafe where chequebook/issuance unexplained and reasonable doubt remains.
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17 June 1982 |
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Convicting an accused of a substituted offence without formal charge substitution is procedurally invalid; conviction quashed.
* Criminal procedure – substitution of charges – prosecution must apply to withdraw original charges and formally substitute a fresh charge; court must take fresh plea.* Pleas – accused’s ambiguous admission cannot substitute for formal plea to substituted charge; prosecutor must narrate salient facts before conviction on an accused’s plea.* Conviction obtained without proper substitution is null and void.* Discretion on retrial – may be denied where appellant has already served sentence under a null conviction.
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17 June 1982 |
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Appeal against conviction and sentence for obtaining money by false pretences dismissed; conviction upheld and sentence not excessive.
* Criminal law – Obtaining money by false pretences – Sufficiency and credibility of evidence – Appellate review of magistrate's findings of fact.
* Criminal procedure – Absence of complainant’s testimony – Whether lack of such testimony renders conviction unsafe.
* Sentencing – Whether imposed sentence is excessive – Statutory maximum and appellate interference.
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4 June 1982 |
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The applicant's appeal is dismissed; conviction and two-year sentence for causing grievous harm, plus compensation, are affirmed.
Criminal law – causing grievous harm (s.225 Penal Code) – evidence and credibility – self-defence claim rejected – appellate review affirms trial court findings; sentence and modest compensation upheld.
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4 June 1982 |
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Appeal dismissed: conviction for theft by public servant upheld where court official failed to account for fines collected.
* Criminal law – Theft by public servant – Conviction supported where public officer received fines, failed to issue receipts and could not account for money.
* Evidence – Credibility and weight – Trial court entitled to reject accused’s explanations and draw adverse inference from unexplained possession/receipt of public funds.
* Procedure – Role of court clerk testimony and reliability of inmate/assessor witnesses – admissible and may be sufficient when credible.
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2 June 1982 |
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Single uncorroborated night identification by a possibly biased witness rendered conviction unsafe; re‑examination irregularity was curable.
Criminal law – identification evidence – single witness identification at night – need for corroboration; witness bias and preconceptions may vitiate reliability; re‑examination irregularity and remedy under Criminal Procedure Code (curable irregularity).
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2 June 1982 |
| May 1982 |
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Attempted robbery conviction upheld; sentence reduced to three years as statutory minimum under the Minimum Sentences Act.
* Criminal law – Attempted robbery – conviction sustained where eyewitnesses, flight, arrest and extra‑judicial confession support guilt. * Sentencing – Minimum Sentences Act 1972 – statutory minimum for attempted robbery is three years (s.4(a) and 12th paragraph, First Schedule).
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29 May 1982 |
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First appellant’s conviction quashed for unsafe, uncorroborated evidence; second appellant’s conviction upheld on credible, corroborated testimony.
Criminal law – Cattle theft – Sufficiency and credibility of evidence – Single uncorroborated witness – Safety of conviction; Identification and corroboration by complainant and independent witness.
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29 May 1982 |
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Second appellant's conviction upheld on credible identification; first appellant's conviction quashed for insufficient evidence.
Criminal law – cattle theft – sufficiency of evidence – credibility and corroboration – single eyewitness evidence – appellate intervention where conviction unsafe – quashing conviction and setting aside sentence.
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29 May 1982 |
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Appellate court quashed first appellant's conviction for lack of credible corroboration and upheld the second appellant's cattle‑theft conviction.
* Criminal law – Cattle theft – Conviction upheld where complainant’s evidence corroborated by slaughterer and conduct pointed to accused. * Evidence – Credibility and corroboration – Uncorroborated identification evidence insufficient to sustain conviction. * Appeal – Appellate court may allow conviction to be quashed where prosecution evidence is inadequate and prosecution concedes error.
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29 May 1982 |
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Criminal proceedings abate on the accused’s death; court ordered the case marked abated and counsel notified.
Criminal law – Abatement of proceedings on death of the accused – Manslaughter charge – Procedure to mark case as abated and notify counsel.
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28 May 1982 |
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Order for vacant possession under Rent Restriction Act requires evidence landlord needs premises and proof of equivalent alternative accommodation for tenant.
Rent Restriction Act s.19(1)(e) – landlord’s need for premises – requirement that premises be reasonably required for landlord’s occupation; burden of proof – landlord must prove availability of reasonably equivalent alternative accommodation to tenant by evidence; s.19(2) – equitable balancing of hardship between landlord and tenant – necessity for articulated reasons and evidence.
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21 May 1982 |
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Appellate court restores Primary Court's finding of appellant's possession of the disputed house and plot, setting aside the district judgment.
* Land/possession – evidence of allocation and building – credibility of witnesses – appellate interference with primary findings; * Effect of Conciliation Board finding versus trial court credibility determinations; * Acquiescence and abandonment – re-roofing/repairs by third parties not necessarily abandonment.
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21 May 1982 |
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Appellate court improperly displaced Primary Court’s credibility and factual findings; alleged customary rule unsupported by evidence.
Property dispute — ownership of trees — appellate review of primary court credibility findings — appellate court must not overturn trial court’s factual findings without sustainable reasons; presumption from tree positioning not conclusive; witness relationship alone insufficient to discredit evidence; customary law must be pleaded and proved.
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20 May 1982 |
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Appellate court improperly imposed a conciliation agreement; Primary Court’s factual finding of ownership is affirmed.
Civil procedure – appellate powers – improvident conciliation – appellate court improperly imposing compromise; Evidence – ownership of chattel – trial court's factual findings upheld; Appeals – raising new claims on appeal disallowed.
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14 May 1982 |