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Citation
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Judgment date
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| December 1984 |
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Appeal against conviction for stealing by a public servant dismissed; evidence and six‑year sentence upheld.
Criminal law – Stealing by public servant – Stocktaking evidence and stock records – Sole custody and failure to account – Government chemist report confirming adulteration – Sentence under Minimum Sentences regime – appellate restraint on interference with discretionary sentence.
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31 December 1984 |
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Convictions for importation and possession quashed for lack of proof of importation; bribery conviction upheld based on credible police evidence.
* Criminal law – importation and customs offences – requirement to prove goods are imported or uncustomed; identification and corroboration of imported goods. * Criminal law – corruption/bribery – payment to arresting officers to secure release; evidential credibility and lawful arrest. * Appeal – insufficiency of evidence for certain counts justifies quashing convictions while other convictions may be upheld where evidence is credible.
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20 December 1984 |
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Convictions based solely on a co-accused’s confession are unsafe without independent corroboration; convictions and sentences quashed.
Criminal law – conviction based on co-accused’s confession – Evidence Act s.33(2) requires independent corroboration; Appellate procedure – District Court improperly dismissing Primary Court appeal summarily; Revisional powers – High Court may quash convictions and set aside sentences of non-appealing co-accused where miscarriage of justice appears.
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18 December 1984 |
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Appeal allowed: accomplice evidence uncorroborated and a defective charge/confession led to quashing of conviction and release.
Criminal law – conviction based on accomplice evidence – requirement for independent corroboration; admissibility and weight of alleged confession not signed by accused; defective charge sheet (wrong particulars and omitted statutory count/penalty) amounting to failure of justice; quashing of conviction and order for release.
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18 December 1984 |
| October 1984 |
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Conviction for dangerous driving quashed where charge and evidence failed to disclose acts amounting to dangerous or reckless driving.
* Road Traffic law – dangerous/reckless driving – prosecution must plead and prove the act or omission constituting dangerous driving; mere collision insufficient.
* Criminal procedure – defective charge – where evidence fails to disclose essential elements, defect not curable under s.346.
* Evidence – res ipsa loquitur inapplicable in criminal cases.
* Liability – driver following police directions may not be criminally liable if officer misjudged clearance.
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24 October 1984 |
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Confessions corroborated by muster rolls and vouchers upheld convictions for theft by a public servant; appeal dismissed.
Criminal law – Confession – Voluntariness and admissibility of statements to colleagues and police – Corroboration by documents (muster rolls, vouchers) – Theft by public servant – Sufficiency of evidence – Non‑calling of certain witnesses and safety of conviction.
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24 October 1984 |
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Snatching property without threats or force is stealing from the person, not robbery with violence; conviction substituted and release ordered.
Criminal law — Robbery with violence — Element of violence or threat required; snatching without threats constitutes stealing from the person (s.269(a)) — Conviction substitution under s.101(1) Criminal Procedure Code.
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23 October 1984 |
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Court rejects clerk’s loss claim, upholds conviction for theft of Shs.8,950 and five-year sentence.
Criminal law – Theft by public servant – Evaluation of credibility where accused claims loss/theft from office filing cabinet – Proof of amount stolen – Sentence and compensation variation.
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23 October 1984 |
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Appellants’ convictions for housebreaking and theft upheld due to credible identification and immateriality of non-recovery of stolen money.
Criminal law – Housebreaking with intent to commit felony and theft – Identification and credibility of witnesses – Non-recovery of stolen property immaterial where disposal possible – Appellate interference with trial court's credibility findings.
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22 October 1984 |
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Identification and weak alibi upheld the conviction; nine-month sentence found unduly lenient and enhancement notice ordered.
* Criminal law – Malicious damage to property – Identification evidence – reliance on witnesses who knew the accused and opportunity to commit offence.
* Criminal law – Alibi – sufficiency and consistency; alibi failing to displace prosecution evidence.
* Sentencing – Adequacy of sentence – whether custodial term is unduly lenient given value of property destroyed and robbery at knifepoint; notice of enhancement of sentence.
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22 October 1984 |
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Appeal against robbery conviction dismissed: identification reliable and alibi unconvincing.
* Criminal law – Robbery with violence – Identification evidence – Factors: electric lighting, close proximity, prolonged struggle, subsequent recognition at marketplace accompanied by police.
* Criminal law – Alibi – Reliability – Contradictions in defence witnesses and narrow timing do not establish reasonable doubt.
* Procedure – Appellate review – Trial magistrate's acceptance of identification not disturbed absent clear error.
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22 October 1984 |
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Convictions quashed where charge particulars were defective and judgment was delivered without lawful jurisdiction.
Criminal law – Prevention of Corruption Act – defective particulars of charge; jurisdiction of magistrate to deliver judgment; nullity of judicial act without jurisdiction; sufficiency of evidence and reasonable doubt; order quashing conviction and setting aside sentence.
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22 October 1984 |
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Conviction quashed where contradictory witness evidence left reasonable doubt about who accessed the bar store.
Criminal law – theft; identification and access – material contradictions about who held keys and who was bar watchman; proof beyond reasonable doubt; appeal – quashing conviction where reasonable doubt remains.
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19 October 1984 |
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Conviction upheld on speculative valuation of crop loss quashed; vermin and shrinkage raised reasonable doubt.
Criminal law – sufficiency of evidence – valuation of lost crops – speculative quantification cannot sustain a conviction; vermin, shrinkage and storage loss can raise reasonable doubt; appellate revision to quash conviction of non-appealing co-accused.
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19 October 1984 |
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Convictions for possession of allegedly stolen property quashed due to unreliable identification and insufficient evidence.
Criminal law – possession/receipt of allegedly stolen property – reliability of identification evidence – inconsistencies in witnesses’ accounts – insufficiency of proof – appellate court quashing convictions.
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18 October 1984 |
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Late-produced dispensary documents cannot overturn a conviction for unlawful possession of a scheduled poison without leave to adduce evidence.
* Criminal law – unlawful possession of scheduled/Part One poisons – possession without lawful authority – conviction sustained. * Evidence – late production of documentary evidence on appeal – admission requires leave or order for additional evidence; otherwise inadmissible.
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18 October 1984 |
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Conviction for stealing by a servant quashed where circumstantial case failed to exclude reasonable alternative hypotheses.
Criminal law – Theft by servant – Circumstantial evidence – Duty to exclude reasonable hypotheses of innocence – Failure to decide material facts (custody of keys overnight) – Credibility and alternative explanation (possible collusion between manager and watchman).
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18 October 1984 |
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Positive identification proved negligent burning; conviction and compensation affirmed, 12‑month default imprisonment reduced to lawful six months.
Criminal law – Reckless/negligent burning – s.233(c) Penal Code – Identification evidence – proof beyond reasonable doubt; Sentencing – imprisonment in default of fine – statutory limit under s.29(xiv) – correction of illegal default term; Compensation – assessment of damages for property destroyed.
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18 October 1984 |
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Appeal against theft/burglary convictions dismissed where possession and identification of stolen goods proved beyond reasonable doubt.
* Criminal law – theft/burglary – possession of stolen property as evidence of guilt; identification of stolen items and supporting receipt – credibility of witnesses and sufficiency of evidence.
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18 October 1984 |
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An unequivocal guilty plea bars challenge to conviction; incorrect charge curable and seven-year sentence upheld.
Criminal law – stealing by public servant – incorrect statutory citation curable under CrPC s.36; guilty plea bars appeal against conviction (CrPC s.313); sentence not manifestly excessive given amount stolen and public servant’s breach of trust.
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17 October 1984 |
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An acquittal for the respondent due to complainant non‑appearance should be sparingly granted and can be set aside.
* Criminal procedure – dismissal for non‑appearance – statutory provision must be used sparingly – court must inquire into cause of non‑appearance before dismissing. * Adjournments and prosecutorial delay – dismissal appropriate only where delay causes oppressive treatment of accused. * Appellate review – power to set aside dismissal and acquittal where exercise of discretion was improper.
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17 October 1984 |
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Court dismissed appeal, finding identification reliable and confirming four‑year arson sentence and Shs.300 compensation.
Criminal law – Arson (section 319(a)) – Identification evidence – credibility and opportunity to observe – mistaken identity – sentence proportionality and confirmation of custodial sentence.
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17 October 1984 |
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Where government ownership of property was proved but theft was not, conviction was substituted to receiving stolen property and three-year sentence imposed.
Criminal law – Stealing by public servant – Identification of property – Receiver of stolen property – Where ownership of property proved but no evidence of theft, conviction for receiving stolen property substituted under s.17 Criminal Procedure Code; credibility of identification evidence; sufficiency of proof for theft.
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17 October 1984 |
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Appeal allowed: conviction for alleged child-stealing quashed for being unsafe due to improper evaluation of evidence.
Criminal law — Appeal — Evaluation of evidence and witness credibility — Unsafe conviction where trial court failed to properly consider defence and inconsistencies in State's case — Conviction quashed and sentence set aside.
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16 October 1984 |
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Appellate court upholds convictions and sentences for assault where eyewitness identification and medical reports provided overwhelming evidence.
* Criminal law – assault causing bodily harm – sufficiency of evidence and identification; eyewitness testimony from same village; corroboration by medical reports (PP3).
* Appeal – assessment of trial magistrate’s credibility findings – appellate restraint where findings supported by evidence.
* Sentence – whether manifestly excessive – appeal dismissed.
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12 October 1984 |
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Conviction for robbery quashed where force was used but there was no evidence of intent to steal.
Criminal law – Robbery with violence – Requirement of an intent to steal and an act of stealing – Taking money given to induce assailant to desist does not necessarily constitute robbery – Distinction between force used to commit assault/threats and force used to obtain property.
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12 October 1984 |
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Appellant’s theft conviction and three‑year sentence affirmed on strong eyewitness evidence and recovery of stolen money.
Criminal law – theft – sufficiency of eyewitness evidence and recovered property to support conviction; appellate review of credibility findings; sentencing – proportionality given value of stolen property.
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11 October 1984 |
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Appeal against sentence for theft from motor vehicle dismissed where conviction rested on an unequivocal plea and sentence previously confirmed.
* Criminal law – theft from motor vehicle – section 269(c) Penal Code; * Plea of guilty – unequivocal plea – appeal against conviction barred (section 313(1) Criminal Procedure Code); * Sentence review – whether five-year term manifestly excessive; * Procedural matter – prior confirmation of sentence and effect on admissibility of appeal.
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10 October 1984 |
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Appellant’s inconsistent account and non-genuine receipts supported conviction for misappropriating entrusted public funds; appeal dismissed.
* Criminal law – Theft by servant – proof of misappropriation of cash entrusted to employee – sufficiency of evidence to establish non-remittance and dishonest intent.
* Evidence – authenticity and traceability of official receipt books – effect of forged or irregular receipts on defence.
* Criminal procedure – appellate review of magistrate’s factual findings and credibility assessments.
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10 October 1984 |
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10 October 1984 |
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Denial of defence witnesses breached audi alteram partem; conviction quashed and retrial ordered.
Criminal procedure – right to be heard (audi alteram partem) – refusal to allow defence witnesses to testify – fundamental irregularity – conviction quashed – retrial ordered; section 346 Criminal Procedure Code not available to cure root defect.
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9 October 1984 |
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Appellant’s theft and false-information convictions upheld where possession, conduct and delay negated his robbery claim.
Criminal law – Theft – Identification and ownership of seized property – Delay in reporting alleged robbery and conduct inconsistent with complainant’s claimed ownership; Criminal law – Giving false information to public officer – Knowledge and fabrication of robbery report; Appeal – Re-evaluation of evidence where trial judgment inadequately addresses evidence.
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8 October 1984 |
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Conviction for robbery quashed where prosecution failed to prove ownership/possession of recovered stolen property linking the appellant.
Criminal law – robbery with violence – recovery of stolen property – requirement to prove ownership/possession linking accused to recovered items; identification and record irregularities – whether confusion in numbering of accused vitiates conviction; sufficiency of evidence to support conviction.
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8 October 1984 |
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Appellate court quashed most forgery convictions for lack of specific handwriting identification, affirmed one, and substituted a cured stealing conviction with sentence.
* Criminal law – Forgery – Proof of handwriting – Identification by non‑expert coworker who knew accused’s handwriting is admissible; expert opinion not always necessary. * Criminal law – Forgery – Failure to prove identity for each charged instrument requires quashing of unproven counts. * Criminal law – Stealing by public servant – Multiplicity of counts curable under s.346 of the Criminal Procedure Code – substitution of conviction and sentence permissible. * Sentencing – Three years’ imprisonment not manifestly excessive in circumstances.
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8 October 1984 |
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Circumstantial evidence established appellants’ internal theft; convictions upheld and sentence enhancement ordered for review.
Criminal law – theft by public servants – circumstantial evidence – keys and padlocks – exclusion of alternative suspects – staged external break‑in – sentence review for substantial public loss.
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8 October 1984 |
| September 1984 |
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Conviction for theft by servant upheld; three‑year sentence quashed as Minimum Sentences Act did not apply and reduced to six months.
* Criminal law – Theft by servant – identification and corroboration of witness testimony – credibility of a witness who had been co-accused and proper caution required.
* Evidence – corroboration of eyewitness and police testimony – sufficiency to prove guilt beyond reasonable doubt.
* Sentencing – Minimum Sentences Act – meaning of "certified authority" under section 3 – when mandatory minimums apply; erroneous application remedied by substituting appropriate sentence.
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28 September 1984 |
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Documentary bank records prevailed over oral testimony: first appellant’s convictions quashed, second appellant’s theft conviction upheld.
* Criminal law – theft by public servant – sufficiency of documentary evidence (pay‑in slips and bank statements) to prove amount banked. * Evidence – section 100 (exclusion of oral evidence to vary documents) – oral testimony cannot contradict documentary records. * Criminal procedure – defective counts and mis‑description of offences (citation of non‑offence provisions) may invalidate convictions. * Conspiracy and fraudulent accounting – requirement of clear proof of intent to defraud.
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28 September 1984 |
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Appeal allowed; convictions for cattle theft quashed due to reasonable doubt from an asserted honest claim of right.
Criminal law – Theft of cattle – Claim of right/honest belief – Whether accused’s belief in right to dispose of property negates dishonesty – Accomplice liability where one accused merely accompanies another – Benefit of doubt on appeal.
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28 September 1984 |
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Documentary records, not oral explanations, determine the outcome; convictions quashed where documents disproved theft or intent to defraud.
Criminal law — Theft by public servant; fraudulent false accounting — requirement of proof of intent to defraud — documentary evidence vs oral testimony — section 100 Evidence Act excludes oral contradiction of documents.
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28 September 1984 |
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Appellants’ failure to supply paid goods constituted obtaining money by false pretences; conviction amended and sentence confirmed.
Criminal law – theft (s.265) v. obtaining money by false pretences (s.302) – distinction; Appeal powers – substitution of conviction under s.346 Criminal Procedure Code; sufficiency of evidence for false pretences; confirmation of sentence.
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28 September 1984 |
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Appellate court affirms robbery-with-violence conviction where identification in adequate lighting and witness credibility were sustained.
Criminal law – Robbery with violence – Identification evidence – Adequacy of street lighting and contemporaneous observations – Credibility findings of trial court entitled to deference – Appeal dismissed.
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27 September 1984 |
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Conviction for robbery with violence challenged where trial court accepted eyewitness ID but failed to analyse the offence’s ingredients.
* Criminal law – Robbery with violence – requirement to prove use or threat of violence; distinction from theft. * Evidence – identification by eyewitnesses and reliance on possession of stolen property. * Criminal procedure – adequacy of trial court’s judgment in articulating ingredients of the offence. * Sentencing – application of Minimum Sentences Act.
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26 September 1984 |
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Appeal allowed: single theft convictions quashed for improperly framed charges and insufficient evidence.
Criminal law – Charging and particulars – Proper framing of counts alleging theft by public servants where accused may be village employees; Criminal law – Evidence – Insufficiency of evidence to convict multiple accused on a single count without showing individual participation; Criminal procedure – Unsafe convictions – Inadequate reasoning and conflation of counts by trial magistrate renders convictions unsafe; Remedy – Quashing conviction and setting aside sentence where retrial impracticable due to delay and poor investigation.
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26 September 1984 |
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Leaving the road to avoid a dazzled oncoming vehicle and an unlawfully parked lorry did not constitute dangerous driving under the circumstances.
Criminal law – Road traffic – Causing death by dangerous driving – Whether leaving roadway to avoid dazzled oncoming vehicle and stationary vehicle constitutes dangerous driving – Foreseeability and contributory negligence of parked vehicle on wrong side of road.
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25 September 1984 |
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An appellate court may vary an excessive fine without requiring a prior inquiry into the accused’s means.
Criminal law – Sentencing – Fines – Whether magistrate must inquire into accused’s means before imposing fine – Prior authority not mandatory; appeal court to assess whether sentence is manifestly excessive.
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25 September 1984 |
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Court reduced an excessive fine for driving a defective vehicle, finding the defects minor and mitigation warranted a lower penalty.
Road Traffic Act s.39(1)(a), (5) – driving defective vehicle – sentencing – proportionality of fines – mitigation and nature of defects – owner versus driver responsibility.
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21 September 1984 |
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Conviction for cattle theft unsafe where prosecution relied on hearsay and uncorroborated admissions; appeal allowed.
* Criminal law – Cattle theft – sufficiency of evidence – conviction unsafe where prosecution relies on hearsay from an unnamed person not called as witness.
* Evidence – Hearsay – statements attributed to a third party who is not produced cannot safely ground a conviction.
* Evidence – Corroboration – uncorroborated admissions to third parties insufficient to prove theft beyond reasonable doubt.
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21 September 1984 |
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Appellants' challenge to convictions for obtaining money by false pretences and personation dismissed; witness evidence found credible.
* Criminal law – Obtaining money by false pretences – False representations to induce payment – Illegality of the pretended act does not negate the offence.
* Evidence – Identification – Sufficiency and corroboration of witness identification.
* Evidence – Complainant as alleged accomplice – Effect on admissibility and weight of testimony.
* Criminal law – Personation of public officer – Absence of identity card not necessarily fatal to prosecution.
* Procedure – Credibility – Effect of reading prepared statements in court on defendants' credibility.
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21 September 1984 |
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Conviction for misappropriation upheld where documentary receipts and account books proved receipt and loss; oral denial inadmissible to contradict documents.
Criminal law – theft/embezzlement – proof by documentary evidence – receipts and books of account – oral evidence inadmissible to contradict written documents (section 100(1) principle) – sufficiency of evidence – assessment of sentence.
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21 September 1984 |
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Evidence (skid plan, vehicle damage, post‑mortem) proved dangerous driving causing death; appeal against conviction and sentence dismissed.
* Road Traffic Act – causing death by dangerous driving – sufficiency of evidence – sketch plan, mechanical inspection and post‑mortem as corroborative evidence.
* Criminal pleading – variance between charge and proof – whether defect vitiates conviction where no prejudice shown.
* Sentencing – imprisonment and mandatory driving disqualification – commencement of disqualification and ‘special reasons’ for mitigation.
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20 September 1984 |