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Citation
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Judgment date
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| December 1990 |
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14 December 1990 |
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Substituted service by publication and failure to file defence justified ex parte judgment with costs and interest.
* Civil procedure – substituted service by publication – validity of substituted service when defendant fails to file defence; * Civil procedure – default – entry of ex parte judgment where defendant does not file a written statement of defence; * Costs and interest – award under Order VIII rule 14 of the Civil Procedure rules.
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12 December 1990 |
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The applicant's appeal dismissed; acquittal upheld for insufficient proof and improperly admitted written statement.
* Criminal law – Appeal against acquittal – receiving/retaining stolen property; proof beyond reasonable doubt – identification, chain of custody, post-seizure record entries.
* Evidence – Extra-judicial statements – admissibility under s.34B(2)(c) Evidence Act 1967 – requirement of maker's declaration and perjury warning.
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6 December 1990 |
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Missing or defective lower court records justify setting aside proceedings and ordering a fresh trial in a properly constituted court.
* Civil procedure – Appeal – Missing or defective lower court records – Where appellate determination is frustrated by absence of records, lower courts' proceedings may be set aside and matter retried de novo.
* Jurisdiction – Parties allowed to institute fresh suit in a court of proper jurisdiction.
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4 December 1990 |
| November 1990 |
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Ex parte judgment entered where defendant served by publication failed to appear; plaintiff's affidavit sufficed under Order VIII r.14(1).
Civil procedure – Ex parte judgment – Service by publication in newspaper – Adequacy of notice – Order VIII, Rule 14(1) Civil Procedure Code 1966 – Sufficiency of affidavit evidence to support ex parte judgment.
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30 November 1990 |
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Court grants ex parte judgment after defendant failed to file a defence and plaintiff proved case by affidavit.
Civil procedure – Failure to plead – Defendant’s non-compliance with summons to file a written statement of defence – Plaintiff’s affidavit proof – Ex parte judgment under Order VIII, Rule 14(1).
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30 November 1990 |
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Conviction quashed where nighttime eyewitness identification and identification of stolen goods were unreliable.
* Criminal law – Identification evidence – reliability of eyewitness identification at night; standards for "watertight" identification.
* Criminal law – Stolen property – necessity of positive identification of exhibits as those taken from the scene; similarity insufficient.
* Criminal procedure – Burden of proof – prosecution must prove guilt beyond reasonable doubt; defective identification and unclear provenance of exhibits make conviction unsafe.
* Search and seizure/chain of custody – irregularities undermine admissibility and weight of evidence.
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30 November 1990 |
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A subsequent promise to repay does not erase theft; conviction upheld but sentence reduced for mitigation.
* Criminal law – Theft by agent – Conversion of money entrusted for a specific purpose constitutes larceny even if the agent intends to repay. * Criminal law – Consent and ratification – Subsequent promise to repay or post-facto compromise does not negate criminal liability; consent must be prior or contemporaneous. * Sentencing – Genuine intention to repay is a mitigating factor warranting reduction of sentence.
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28 November 1990 |
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Conviction for robbery quashed where appellant’s name alone on an unexplained list was the only evidence linking him to the crime.
Criminal law – Robbery – Sufficiency of evidence – No identification or possession of stolen goods – Name appearing on unexplained list in co-accused's house insufficient to prove participation – Conviction quashed.
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21 November 1990 |
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Appellants' convictions for robbery quashed where night-time torch-lit identification was unsafe and not proven beyond reasonable doubt.
Criminal law – Robbery with violence – Identification evidence – Night-time conditions and use of torches flashing into victims’ eyes – Unfavourable conditions may render identification unsafe; conviction cannot stand where misidentification is not excluded.
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17 November 1990 |
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Appeal allowed because identification was unreliable and contradictions created reasonable doubt about guilt.
* Criminal law – Identification evidence – Reliability undermined by poor lighting, inconsistent witness accounts and absence of contemporaneous identification. * Criminal procedure – Appeal against conviction – Conviction unsafe where contradictions create reasonable doubt. * Evidence – Contradictions about clothing, injuries and number/location of offences weaken prosecution case.
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14 November 1990 |
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Bail granted in principle but conditioned on depositing half the property's value in cash under Act 10/89.
Bail — grant in principle but conditional where property value exceeds statutory threshold — requirement to deposit half the property's value in cash under Act 10/89 — release on deposit; remain in custody on default.
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7 November 1990 |
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Confession, recovery of stolen goods and eyewitness identification supported the appellants’ convictions; eight-year sentences upheld.
* Criminal law – Burglary and stealing – Admissibility and weight of co-accused’s confession – Recovery of buried stolen property; identification evidence – credibility of eyewitness testimony at night – Possession as evidence of joint liability – Sentence review.
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7 November 1990 |
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7 November 1990 |
| October 1990 |
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Circumstantial evidence (bones, gun testimony, threats, flight) proved death and guilt; accused convicted of murder and sentenced to death.
* Criminal law – Murder – Proof of death and guilt by circumstantial evidence where no body found; human bones and forensic confirmation. * Evidence – Credibility of witnesses delayed in reporting due to fear; weight of threats and flight as consciousness of guilt. * Criminal procedure – Alibi notice requirement (s.194 CPC) and consequences of non‑compliance.
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29 October 1990 |
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Conviction upheld on reliable identification and corroboration; eight-year sentences substituted with thirty years and compensation ordered.
* Criminal law – Identification evidence – requirements for safe identification; recognition in good lighting and familiarity with perpetrators. * Criminal law – Confession/corroboration – conviction based partly on co-accused’s implication requires independent corroboration. * Sentencing – Minimum sentence legislation for armed robbery – applicability and substitution of unlawful lower sentence. * Criminal procedure – Revisionary powers – correction of omitted mandatory compensation order.
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27 October 1990 |
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The appeal was dismissed for want of prosecution due to the appellant’s persistent non-appearance and failed service attempts.
* Civil procedure — Appeal — Dismissal for want of prosecution — Appellant’s persistent non-appearance and inability to effect service justify dismissal.
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22 October 1990 |
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An appeal filed in 1979 was dismissed for want of prosecution after the parties could not be served.
Civil procedure – dismissal for want of prosecution – failure to effect service on parties – returned unserved summonses – prolonged delay.
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22 October 1990 |
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22 October 1990 |
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Appellate court upholds primary court finding that respondent proved entitlement to disputed trees; appeal dismissed.
Land/trees dispute; division of family land; credibility of oral testimony; standard of proof — balance of probabilities; appellate review of primary court findings.
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18 October 1990 |
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Conviction quashed where prosecution failed to identify stolen goods and burden of proof was impermissibly shifted to the accused.
Criminal law – possession of stolen property – identification of property – doctrine of recent possession – burden of proof – improper shifting of burden to accused by requiring receipts.
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18 October 1990 |
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Court entered ex parte judgment after defendant failed to file defence; plaintiff awarded amount, interest and costs.
Civil procedure – Default by defendant to file Written Statement of Defence – Leave to prove claim ex parte by affidavit – Entry of ex parte judgment; Remedies – decretal sum, interest, and costs.
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12 October 1990 |
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Whether the defendant negligently caused the plaintiff's vehicle to catch fire and is liable for loss-of-use damages.
* Tort — Negligence — Liability of workshop for damage to customer's vehicle while in custody — Vehicle caught fire during servicing and workshop held negligent. * Damages — Loss of use — Court may reject excessive or unreliable hire-rate evidence and award a reasonable sum. * Civil procedure — Counterclaim — Storage charges dismissed for lack of evidential basis. * Credibility — Assessment of witnesses and inspection reports on balance of probabilities.
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9 October 1990 |
| September 1990 |
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Applicant charged under amended Economic and Organised Crime Act not entitled to bail due to statutory monetary-threshold and security requirements.
* Economic and Organised Crime Control Act – bail restrictions where offences involve property above statutory monetary threshold; requirement of cash deposit and security; competence of subordinate courts to grant bail under amended provisions.
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24 September 1990 |
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No binding sale formed for forklift plus spares; plaintiff limited to refund of down-payment; suit dismissed.
Contract formation – sale by tender – offer and acceptance – consensus ad idem on price and scope (forklift v. forklift plus spares) – no binding contract where essential terms unresolved – remedy limited to repayment of deposit.
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22 September 1990 |
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Appeal dismissed: married woman's claim to land and crops failed for lack of will and customary inheritance rules, plus respondent's allocation evidence.
Land/inheritance — claim to land tilled by deceased mother; absence of will — evidence requirement; married woman's inheritance rights under customary rules; permanent crops and clan/male inheritance; village allocation as competing title.
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20 September 1990 |
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Circumstantial evidence, including possession of victim’s effects and fatal injuries, established common intention; two accused convicted of murder and sentenced to death.
Criminal law – Murder – Circumstantial evidence – Possession of victim’s property and identifications – Common intention to rob and kill – Alibi and frame‑up defence rejected – Mandatory death sentence for murder.
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20 September 1990 |
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Lay identification of a signature was admissible; forgery and theft convictions upheld, conviction reclassified and sentence altered, appeal dismissed.
* Evidence — Identification — Identification of signature by lay witnesses who know accused — admissible under s.49 Evidence Act; handwriting expert not mandatory.
* Criminal law — Theft — Distinction between stealing by agent and stealing by servant where property belongs to specified authority.
* Criminal appellate procedure — Substitution of conviction and sentence where record shows correct classification and statutory minima require alteration.
* Forgery/false document — Use of duplicate receipt to perpetrate theft; conviction on making false document upheld.
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20 September 1990 |
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The appellants' theft convictions were upheld where trial evidence supported guilt and the defence failed to produce its witness.
Criminal law – Stealing by servant; evaluation of witness evidence; custody and use of safe keys; right to call defence witnesses; appellate review of trial court credibility findings.
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17 September 1990 |
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Written sale agreement required payment by bus fares; plaintiff breached, suit dismissed and defendant entitled to payment or rescission.
Contract law – sale of engine with security by possession of bus – written agreements (Exhibits D1, D2) define terms – parol evidence excluded – breach by buyer – inadmissibility of unstamped receipts – remedy: payment, rescission and costs.
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14 September 1990 |
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A wife's extrajudicial confession is circumstantial and cannot alone conclusively prove adultery under G.N. No. 279/1963.
* Family law – adultery – evidentiary requirements under Local Customary Law G.N. No. 279/1963 – interpretation of section 119; further/circumstantial evidence must be aggregated and not relied upon in isolation as conclusive proof.
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5 September 1990 |
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Appellant failed to prove ownership or administrator appointment; procedural error by magistrate did not justify retrial and appeal dismissed with costs.
* Family law – effect of prolonged separation on marital status at death – separation of three years or more evidences marriage breakdown.
* Evidence – burden of proof – party asserting existence of property or administrator appointment must prove those facts (Evidence Act s.110).
* Civil procedure – role of assessors – magistrate must summarise evidence and take assessors’ opinions before writing judgment; writing judgment before consult is irregular but not always fatal if substantive justice achieved.
* Succession/estate administration – requirement of proof of appointment or right to administer before admitting claim to estate property.
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5 September 1990 |
| August 1990 |
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Delay in asserting title and credible local testimony supported the respondent’s ownership of the unregistered land.
Land law – unregistered village land – division between heirs and sale of co-owner’s share – evidence of local leaders and reconciliation board – delay in asserting title weakens claim – credibility of possession evidence.
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17 August 1990 |
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Prescriptive title cannot defeat a recognized trust for a minor; occupiers failed to prove right or compensation.
* Property law – Prescription – long possession as basis for title – minority and existence of trust interrupt or defeat prescription.
* Trusts – land held in trust for minor – trustee lacks beneficial interest to allocate to others.
* Compensation – unexhausted improvements/permanent crops – claimant must prove entitlement and value; contradictory evidence defeats award.
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2 August 1990 |
| July 1990 |
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Court restores trial finding of ownership but reduces compensation to proven value of one tree and twelve bamboos (Shs.660).
Property/title – boundary and customary inheritance disputes over small forested plateau; credibility of village witnesses and effect of site inspection; proof of damages for wrongful cutting of trees and bamboo; requirement that courts give adequate reasons for monetary awards.
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30 July 1990 |
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Low purchase price and identification of goods supported conviction for receiving stolen property; appeal dismissed, sentence confirmed.
* Criminal law – Receiving stolen property – Knowledge and dishonest belief inferred from suspiciously low purchase price.
* Evidence – Identification of recovered property and credibility of accused’s explanation.
* Appellate review – Deference to trial court’s findings on credibility and factual inferences.
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18 July 1990 |
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Sentencing courts must ascertain an accused’s ability to pay and call for special reasons before imposing heavy fines; failure justified reduction.
Criminal law — Sentencing — Road Traffic Act s.63(2) — Duty to ascertain accused’s ability to pay before imposing fines — Invitation to state "special reasons" — Excessive fines ground for appellate reduction.
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17 July 1990 |
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Appellate court affirmed sale and rent award, finding appellant sold the house but failed to give vacant possession.
* Property law – sale of land/building – validity of written agreement and corroborating evidence for sale on unsurveyed plots.
* Evidence – credibility of witnesses, documentary proof (agreement and cheque), and rejection of uncorroborated alibi.
* Civil procedure – delay and limitation – action within limitation and delay explained by incarceration.
* Relief – entitlement to rent arrears until vacant possession is delivered.
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13 July 1990 |
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Appellant was denied a fair trial on disputed land-ownership issues; conviction quashed and fines refunded.
Criminal procedure — fair trial — denial of opportunity to tender decisive civil judgment and call witness; civil ownership dispute should be determined in civil court; appellate fact-finding by scene visit and reliance on unsworn interviews improper.
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4 July 1990 |
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Conviction for infanticide cannot rest on suspicion absent proof that the accused gave birth and caused the infant's death.
Criminal law – Infanticide – Proof of motherhood and causation; evidential sufficiency; role of medical/blood tests; suspicion insufficient for conviction; burden of proof beyond reasonable doubt.
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4 July 1990 |
| June 1990 |
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An appellate court must not overturn primary-court credibility findings without reasons; photocopy evidence error alone does not mandate reversal.
Civil procedure – appeal – credibility findings: appellate court must give reasons before overturning primary court's factual findings; Evidence – improper admission of photocopy not fatal if independent evidence suffices; Ownership disputes on unregistered land – balance of probabilities; Failure to call vendor witness not necessarily fatal where other credible evidence exists.
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25 June 1990 |
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Whether the killing was murder or an accidental/self‑defensive shooting; court acquitted for lack of proven malice aforethought.
Criminal law — Murder — malice aforethought — accidental killing — self‑defence and honest belief — assessment of witness credibility and contradictory prior statements — admissibility of post‑mortem report.
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25 June 1990 |
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Convictions based on unreliable night identification and weak circumstantial evidence are unsafe and are quashed.
Criminal law — Identification evidence — Night-time identification in poor lighting — Circumstantial evidence — Footprint/shoe similarity without direct comparison insufficient — Recovery of stolen property in deserted premises insufficient to prove guilt beyond reasonable doubt.
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23 June 1990 |
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A credible explanation for delay (prison transfers) does not compel extension where the proposed appeal lacks prospects of success.
* Criminal procedure — extension of time to file an appeal — transfer between prisons accepted as a valid explanation for delay; * Extension of time to appeal depends also on the prospects of success — weak prospects or strong evidence for conviction justify refusal.
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23 June 1990 |
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Night-time identification without detailed description and lack of proof linking recovered meat or possession rendered the convictions unsafe.
Criminal law – identification evidence at night – reliability and requirement of detailed description; proof of stolen property – need to link recovered items to the stolen property; possession as corroborative evidence of theft; unsafe convictions and quashing where evidence is insufficient.
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23 June 1990 |
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Conviction for public-service theft upheld; seven-year sentence reduced to five years for failure to refer excess-minimum term.
Criminal law – Stealing by public servant – Evidence of shortages in official receipt books – Credibility of accused’s defence – Sentencing – Minimum Sentence Act 1972 – Requirement to refer excess-minimum sentences for High Court confirmation – Reduction of sentence where no aggravating factors justify excess.
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23 June 1990 |
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An appellate court may not convict based on unsworn site‑visit evidence; malice and ownership must be proved beyond reasonable doubt.
* Criminal procedure – appellate scene visits – evidence obtained on site (unsworn statements) cannot be adopted to convict without being given on oath and subject to cross‑examination.
* Criminal law – malicious damage – essential elements include unlawfulness and lack of permission; ownership must be established and malice proved beyond reasonable doubt.
* Appeals – where additional evidence is necessary, it should be heard in court or the trial court ordered to record it and remit the record.
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22 June 1990 |
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Acquittal where night-time identification was unreliable and the prosecution failed to prove manslaughter beyond reasonable doubt.
* Criminal law – Manslaughter – Proof beyond reasonable doubt – identification evidence – reliability of visual identification at night with intervening vegetation – possibility of mistaken identity undermining conviction.
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22 June 1990 |
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Appeals allowed: conviction for trespass quashed due to bona fide title dispute; murder conviction quashed as shooting was justifiable under the circumstances.
Criminal law – Ownership dispute and criminal prosecutions – bona fide claim of right; disputed title should be resolved civilly before criminal conviction for offences tied to possession. Criminal law – Self‑defence/defence of property – use of lethal force by armed guard protecting a restricted armoury after intruder ignored orders and warning shot; appellate recognition of reasonable apprehension and justification. Evidence – role of surmise and conjecture: prosecution cannot rely on conjecture, and defence may advance reasonable inferences supporting justification.
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8 June 1990 |
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Statutory minimum burglary sentence substituted; convictions quashed where evidence failed to prove participation, knowledge, or intent.
* Criminal law – Burglary – Minimum statutory sentence where value of property exceeds threshold – substitution of sentence. * Evidence – Conviction requires proof of participation and knowledge; mere sale of an item in public does not establish guilt for burglary/theft. * Criminal law – Offence of destroying evidence (s.109 Penal Code) requires knowledge that item may be required in evidence and wilful intent to prevent its use; absence of those ingredients defeats conviction. * Procedure – Court cannot lawfully substitute a conviction for an unproved offence where essential ingredients are not established.
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7 June 1990 |