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Citation
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Judgment date
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| December 1993 |
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Circumstantial evidence and handwriting opinion raised grave suspicion but left reasonable doubt, so the accused was acquitted.
* Criminal law – Murder – circumstantial evidence – last-seen evidence, post‑mortem and documents on body – prosecution must exclude reasonable hypotheses of innocence.
* Evidence – Handwriting – lay opinion of a relative inadmissible under applicable provision; forensic handwriting report admissible under Criminal Procedure Act despite form defects.
* Criminal procedure – Benefit of the doubt – suspicion alone insufficient for conviction; acquittal where reasonable doubt persists.
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17 December 1993 |
| November 1993 |
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A dowry refund claim is premature absent divorce; appeal dismissed as frivolous and costs awarded.
* Family law – Dowry/bridewealth – Refund – Claim for refund cannot be entertained in the absence of a divorce.
* Civil procedure – Proper parties – Potential misjoinder/wrong defendant where administrator sued instead of living heir.
* Appeals – Frivolous appeals – Dismissal with costs where claim is premature and defendant may have been wrongly impleaded.
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18 November 1993 |
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Appeal against conviction for stealing by a public servant dismissed; trial court’s credibility findings and sentence upheld.
Criminal law – Stealing by public servant – Sufficiency and credibility of evidence – Appeal against conviction and sentence – appellate court defers to trial court’s findings of fact.
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5 November 1993 |
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Convictions for robbery upheld; trial process found fair and sentence reduced from ten to seven years.
Criminal law – Robbery – Conviction based on prosecution evidence and accomplice statement – Request to transfer trial to Resident Magistrate’s Court – Fair trial considerations – Sentence review and reduction on appeal.
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5 November 1993 |
| October 1993 |
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25 October 1993 |
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Appeal dismissed where eyewitness identification and corroborative circumstantial evidence sustained armed robbery conviction.
Criminal law – armed robbery – eyewitness identification – reliability and opportunity to observe; corroboration by circumstantial evidence (footprints, prior conduct, identification at scene/police station); absence of investigating officer’s testimony and no identification parade – not necessarily fatal; appellate review of trial court’s evaluation of facts and law.
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22 October 1993 |
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Appellate court upheld robbery conviction, finding identification reliable and the alibi unsupported.
Criminal law – robbery with violence – identification parade and eyewitness identification – credibility of defence witnesses and alibi – appellate review of factual findings.
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22 October 1993 |
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An appellate court reinstated a criminal trespass conviction, finding the first appellate court erred and evidence supported reinstatement.
Criminal law – Trespass (s.299 Penal Code) – Appeal against quashing of conviction – Weight and credibility of witness evidence – Effect of prior civil determination of land ownership – Alleged change of assessors and procedural irregularity.
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1 October 1993 |
| August 1993 |
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Application for leave to appeal out of time struck off for non‑prosecution after counsel’s withdrawal and failed service.
Civil procedure – Non‑prosecution – Striking off application for want of prosecution where counsel withdraws and the applicant fails to communicate or be served; application for extension of time/leave to appeal out of time.
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23 August 1993 |
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Reported
Evidence - Murder - Conviction based mainly on the evidence of a single witness - Whether such conviction can stand.
Evidence - Defence of Alibi- Alibi raising no reasonable doubt on the prosecution case - Effect thereof. |
13 August 1993 |
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Belief in witchcraft alone does not excuse killing; provocation must be proved in the accused’s presence, and murder conviction was upheld.
Criminal law – Murder – Provocation – Belief in witchcraft insufficient per se as defence – Provocative act must occur in accused’s presence – Appellate review of trial judge’s factual findings and credibility of witnesses.
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1 August 1993 |
| July 1993 |
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Application to issue fresh summons dismissed for unexplained delay; case remitted to appropriate lower court for further proceedings.
Civil procedure – application for leave to issue fresh summons – unexplained delay and lack of good grounds – dismissal with costs; remittal to subordinate court where claim falls within lower court’s pecuniary jurisdiction.
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23 July 1993 |
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Appeal dismissed; conviction for housebreaking/stealing upheld on co-accused confession and corroborative evidence, six-year sentence affirmed.
* Criminal law – Identification evidence – Reliability of identification supported by co-accused confession and corroborative acts (selling stolen goods).
* Criminal procedure – Admissibility and weight of co-accused confession and police exhibits (photographs/identification card).
* Sentencing – Previous convictions and commission of offence shortly after release as aggravating factors supporting a six-year term.
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20 July 1993 |
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16 July 1993 |
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Whether failure to bank entrusted public funds for a long period amounts to theft — acquittal upheld for lack of proof.
Criminal law – Theft – Whether prolonged failure to bank entrusted public funds constitutes theft; evidential burden and reasonable doubt; probative value of investigative procedure and delay. Procedural fairness – actions of magistrate and police affecting proof of crime. Custody of public funds – workplace security and practical justification for temporary retention.
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14 July 1993 |
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Convictions based on uncertain nighttime visual identification and uncorroborated evidence were quashed.
Criminal law — Identification evidence — Visual identification at night — Reliability, need for detailed description and identification parade — Corroboration and calling of available witnesses — Alibi and reasonable doubt — Unsafe conviction quashed.
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14 July 1993 |
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Accomplice testimony must be corroborated; co-accuseds’ convictions quashed, first appellant’s conviction upheld.
Criminal law – accomplice evidence – requirement for corroboration of accomplice’s testimony before convicting co-accused; flight or removal to another town insufficient alone as corroboration; conviction proper where accused found in possession of stolen property.
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12 July 1993 |
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Appeal against acquittal dismissed where material contradictions and credibility defects in prosecution witnesses left reasonable doubt.
• Criminal law — Corruption — Allegation of receiving money for bail without receipts — Credibility of prosecution witnesses; material contradictions on denominations, contributors, delivery, place and time.
• Burden of proof — Conviction must rest on strength of prosecution evidence beyond reasonable doubt; where reasonable doubt remains acquittal stands.
• Appeals — Appellate interference with acquittal inappropriate where witness contradictions create reasonable doubt.
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12 July 1993 |
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The appellant's implausible explanation and incriminating circumstantial evidence warranted upholding his conviction and sentence.
Criminal law – circumstantial evidence – possession of recently lost property – credibility of explanation for possession – whether circumstantial proof excludes reasonable hypothesis of innocence.
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8 July 1993 |
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An uncorroborated extra-judicial confession and low purchase price rendered a receiving conviction unsafe and it was quashed.
Criminal law – Receiving stolen property – Extra-judicial (cautioned) confession requiring corroboration; evidence of co-accused cannot corroborate appellant's confession; low purchase price as circumstantial evidence of knowledge – insufficient to sustain conviction in absence of independent corroboration.
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5 July 1993 |
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First defendant negligent in road collision; plaintiff awarded shs. 8,271,103.20; second defendant not vicariously liable.
Motor vehicle collision — negligence — assessment of contributory negligence — use of traffic court record, sketch plan and photographs; Damages — loss of income, repair and spare parts — proof and quantification; Vicarious liability — proof of ownership/employment required; Counter‑claim — dismissal for lack of merit.
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2 July 1993 |
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2 July 1993 |
| June 1993 |
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Appeal partly allowed: second appellant acquitted; other appellant’s conviction upheld and sentence increased to five years.
* Criminal law – Burglary and receiving stolen property – Identification of stolen article – recent possession doctrine and its application. * Evidence – Credibility of competing ownership claims; corroboration by production of receipt and witness testimony. * Appeal – Partial allowance; acquittal on reasonable doubt; appellate interference with sentence to reflect statutory range.
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29 June 1993 |
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Conviction upheld on credible child eyewitness evidence; sentence reduced due to doubt as to appellant’s age.
* Criminal law – housebreaking and stealing – conviction based on testimony of child eyewitness – credibility and sufficiency of evidence.
* Criminal procedure – alibi – appellate review of trial court’s rejection of alibi.
* Sentencing – minimum sentences regime – applicability depends on proof of offender’s age; benefit of doubt where age unproven.
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29 June 1993 |
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Appellant’s inconsistent testimony and uncorroborated calculations failed to overturn conviction for alleged theft/loss of fuel.
Criminal law – appeal against conviction for loss/theft of fuel – conflicting defences (leakage vs alleged excess) – credibility of accused’s testimony – absence of countersigned consignment/delivery documents – whether prosecution proved participation/benefit beyond reasonable doubt.
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29 June 1993 |
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Moonlight identification lacking adequate supporting circumstances cannot safely sustain a conviction, so acquittal stands.
Criminal law – Evidence – Identification by moonlight – Circumstances required for reliable identification; Benefit of doubt where identification and linkage to stolen property are weak.
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22 June 1993 |
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Convictions for issuing a false delivery note and stealing by a clerk were quashed for insufficiency of evidence.
Criminal law — Falsification of documents and stealing by clerk — Sufficiency of evidence; mens rea and participation required for clerk’s liability; benefit of doubt where prosecution case is weak or not supported by State Attorney.
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22 June 1993 |
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Failure to consider special reasons rendered licence disqualification unjustified; conviction and sentence were revised on appeal.
Road Traffic — Cancellation/disqualification of driving licence — Duty to consider 'special reasons' (road condition, contribution by other driver, prior driving record) before disqualification — Charging irregularity: wrong statutory provision substituted on appeal (section 40(1) vs section 42(1)(a)) — Sentences excessive; reduced on revision and fines refunded.
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22 June 1993 |
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Appeal dismissed: substituted conviction for receiving stolen property and three‑year sentence upheld; extradition objections not raised in time.
* Criminal law – Burglary, stealing and receiving stolen property – substitution of conviction on appeal – sufficiency of identification of stolen property.
* Evidence – identification and condition of exhibit differing from alleged gift – credibility and timeline of events.
* Criminal procedure – cross‑border arrest/extradition between neighbouring states – jurisdiction where offences committed partly within forum; absence of timely objection to mode of arrest.
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15 June 1993 |
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Appeal dismissed: conviction in absence upheld; recent possession and appellant’s absconding justified the finding of guilt.
* Criminal law – Theft and receiving stolen property – Application of doctrine of recent possession where stolen goods are found in close temporal and spatial connection with accused.
* Criminal procedure – Trial in absence – Whether absconding and withdrawal of counsel justify proceeding and conviction in absence.
* Evidence – Weight of cautioned statement and surrounding circumstantial evidence in proving possession and participation.
* Sentencing – Interaction with statutory minimum sentences and concurrent terms.
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15 June 1993 |
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Convictions for attempted robbery upheld; unlawful twenty-year sentences reduced to the statutory seven years, caning unchanged.
Criminal law – Attempted robbery (s.287 Penal Code) – Sufficiency of evidence to sustain conviction; Sentencing – Trial court exceeded statutory sentencing power; custodial term reduced to statutory maximum; corporal punishment left intact.
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14 June 1993 |
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Conviction for robbery based on weak nighttime visual identification was quashed as unsafe.
Criminal law – Robbery – visual identification at night – reliability of identification parade – unsafe conviction where lighting, opportunity to observe, and identifying evidence are inconsistent or weak.
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11 June 1993 |
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Convictions for theft quashed where trial court relied on incomplete audit evidence and failed to properly evaluate the appellants' explanations.
Criminal law – Theft – Conviction unsafe where trial court relied on incomplete audit evidence – Trial court must weigh documentary and oral evidence – Inadequate audit and untested conclusions justify quashing convictions.
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10 June 1993 |
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10 June 1993 |
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The appeal period begins when the applicant receives the judgment copy; appeal wrongly held time‑barred was allowed.
* Civil procedure – appeals – limitation period for filing appeal – time runs from date appellant receives a copy of the judgment, not merely date of delivery.
* Procedural fairness – erroneous dismissal as time‑barred remedied by allowing appeal and remitting for hearing on merits.
* Remittal – appeal to be heard by a different magistrate and costs awarded.
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10 June 1993 |
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Confession and eyewitness evidence upheld; inconsistent defences failed and five-year cattle-theft sentence affirmed.
Criminal law – cattle theft – admissibility of confession at arrest – corroboration by eyewitnesses – inconsistent and repudiated defenses undermining credibility – conviction and minimum five-year sentence confirmed.
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9 June 1993 |
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Insufficient evidence of wilful intent for arson; appellate court erred in substituting acquittal with conviction.
* Criminal law – Arson (section 319 Penal Code) – mens rea required – negligence insufficient for arson. * Evidence – flight from scene – may indicate consciousness of guilt but not conclusive proof of wilful intent. * Criminal appeal – appellate substitution of acquittal with conviction where mens rea unproven is erroneous.
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9 June 1993 |
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Conviction based on hearsay without eyewitness identification quashed; sentence set aside and appellant released.
Criminal law – Theft of cattle – Identification evidence – Conviction based on hearsay – Prosecutor closing prosecution prematurely – Insufficient evidence to sustain conviction.
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9 June 1993 |
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Court granted ex parte leave to file a substantive application based on the applicant’s amended affidavit and supporting material.
Civil procedure – leave to file substantive application – ex parte relief – consideration of amended affidavit and material supporting leave.
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8 June 1993 |
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8 June 1993 |
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Insults do not excuse stabbing; conviction upheld but five-year sentence reduced to time served.
Criminal law – Causing grievous harm (s.225 Penal Code) – Evidence of stabbing and seizure of weapon; Provocation – insults do not constitute a defence to assault; Sentencing – excessive term; option of fine; reduction due to time served.
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8 June 1993 |
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The appellant's appeal against conviction for stealing by servant dismissed; audit showed shortage and shrinkage defence failed.
* Criminal law – Stealing by servant – Stock audit evidence showing significant shortage – Sufficiency of evidence to support conviction.
* Criminal law – Defence of shrinkage/pest damage/husks – Evidential burden and credibility of explanations.
* Sentencing – Whether sentence excessive – appellate intervention where sentence is appropriate.
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5 June 1993 |
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Applicant failed to show sufficient cause for delay and the intended appeal lacked prospects of success.
Extension of time – sufficient cause – requirement to furnish satisfactory reasons for delay; prospects of success of intended appeal as factor; appellate interference with concurrent findings of lower courts on land dispute.
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4 June 1993 |
| May 1993 |
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28 May 1993 |
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Appeal restored; first appellate decision quashed and trial court judgment awarding cattle to the applicant restored.
* Civil procedure – restoration of appeal – appeal restored where respondents did not oppose and were unwilling to enforce prior decree.
* Effect of death of decree holder – absence of beneficiary may justify revisiting appellate outcome.
* Property dispute – appellate decision quashed and trial court judgment restored awarding ownership of disputed cattle.
* Costs – each party to bear own costs from trial to this court.
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28 May 1993 |
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Application for interim relief pending appeal refused and statutory 30-year sentence affirmed.
Criminal procedure – bail/stay pending appeal – application refused; Sentencing – statutory minimum sentence – no reduction where no sufficient mitigation.
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26 May 1993 |
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Substituted conviction for failing to prevent an offence quashed where no evidence showed the appellant knew a felony was being committed.
Criminal law – burglary and stealing – sufficiency of evidence for breaking and theft; substituted conviction – offence requiring knowledge of another's felony (s.383 Penal Code) – negligence insufficient for guilty knowledge; appellate review and quashing of unsafe convictions.
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26 May 1993 |
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Appeal allowed: identification evidence unsafe, conviction quashed and sentence set aside.
Criminal law – Eyewitness identification – Reliability of identification where complainant was seriously injured and circumstances unusual – Danger of mistaken identity – Benefit of doubt – Robbery with violence – Excessive sentence.
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25 May 1993 |
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Night-time identification and circumstantial suspicion were held insufficient to sustain convictions for arson, so appeal allowed.
Criminal law – arson – identification evidence at night by torchlight – reliability and sufficiency of identification; circumstantial evidence – concealment/suspicion of theft insufficient to infer commission of arson; appellate intervention where conviction is unsafe.
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24 May 1993 |
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Magistrate improperly convicted on a substituted theft charge lacking evidentiary support; conviction and sentence quashed, accused released.
Criminal procedure – Substituted offences – Power to substitute under Part V – Substituted offence must be of equal or greater seriousness; evidentiary basis required to sustain substituted conviction – Quash of unsupported substituted conviction and set aside of sentence; immediate release.
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24 May 1993 |