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Citation
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Judgment date
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| December 1995 |
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A Primary Court decision lacking a formal, rule-compliant judgment is null and must be remitted for proper judgment.
Primary Courts — Judgment formalities — Assessors’ opinions do not substitute for a court judgment — Mandatory rules require presiding magistrate to consult assessors and record a judgment signed by court members — Failure to comply renders decision null and remittal required.
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14 December 1995 |
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Appellate court quashed convictions and set aside sentences where convictions rested on uncorroborated co‑accused evidence and recent possession was not proved.
Criminal law – Theft and receiving stolen property – Sufficiency of evidence – Recent possession doctrine – Reliance on co‑accused’s testimony and need for corroboration – Procedural irregularity: substitution of charge and accused’s rights – Sentencing: excess/irregularity and setting aside of sentences.
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13 December 1995 |
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Execution quashed; auction purchasers keep title; respondent ordered to refund net Tshs.5,102,166 with 7% interest.
Execution law – nullity for want of jurisdiction – quashing of execution proceedings; Auction sales – purchaser’s title under quashed execution; Valuation – money’s worth assessed at commencement date of suit; Interest – decretal sum bears court interest from judgment date; Set-off – refund ordered after accounting for auction proceeds and decretal liability.
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12 December 1995 |
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First and third appellants acquitted for unreliable identification; second upheld on recent possession but sentence reduced.
Criminal law – robbery with violence – identification evidence – reliability of eyewitness identification and station identification parade; recent possession doctrine – proof of possession of recently stolen property as evidence of guilt; evidential requirement for proving use of firearm – absence of cartridge/ballistic evidence; sentencing – reduction of excessive custodial term and corporal punishment.
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12 December 1995 |
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Appeal allowed: theft convictions quashed due to contradictory, insufficient evidence; appellant ordered released.
Criminal law – Theft/stealing by agent – sufficiency of evidence; contradictions between witness testimony and exhibits; convictions unsafe where prosecution fails to prove dishonest appropriation beyond reasonable doubt; appellate intervention to quash convictions and set aside sentence.
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11 December 1995 |
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Appellate court quashed theft convictions because prosecution evidence was contradictory and the appellant’s unchallenged explanation made the convictions unsafe.
Criminal law – Theft by agent – Safety of conviction – contradictions in prosecution evidence and unchallenged explanation that funds were for allowances/house rent – appellate intervention to quash unsafe convictions.
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11 December 1995 |
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A primary court judgment lacking assessors' concurrence and signatures is invalid and must be quashed and remitted.
* Criminal procedure – Primary Courts – Role of assessors – Decision of primary court must be a joint act of presiding magistrate and assessors; assessors are not mere advisers and must signify concurrence and sign judgment.
* Procedural irregularity – Absence of assessors' concurrence/signatures renders primary court judgment invalid.
* Remedy – Quash and remit for proper judgment or order retrial de novo only if interests of justice and no prejudice to accused.
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5 December 1995 |
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District Court conviction based solely on assessors' opinions, without mandatory judicial reasoning, was quashed and acquittal restored.
Criminal procedure – Appeal from acquittal – District Court reversed trial acquittal without proper judicial reasoning – Presiding magistrate adopted assessors' opinions without mandatory consultation – Contravention of Magistrate's Courts (Primary Courts) (Judgment of Court) Rules, 1987 (G.N. No. 2 of 1988) – Conviction and sentence quashed; acquittal restored.
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4 December 1995 |
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Conviction quashed where prosecution relied on uncorroborated evidence, unexplained reporting delay and failed to call material witness.
Criminal law – shop-breaking and stealing – sufficiency of evidence – reliance on single uncorroborated witness – unexplained delay in reporting – failure to call material witness – conviction unsafe.
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4 December 1995 |
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Appeal allowed where conviction rested on weak, uncorroborated and contradictory evidence with unexplained reporting delay.
Criminal law - circumstantial evidence and corroboration; delay in reporting offences; reliability of witness statements; duty to procure attendance of key witnesses; presumption of innocence and benefit of reasonable doubt.
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4 December 1995 |
| November 1995 |
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Primary Court’s failure to produce a collective, signed judgment breached rule 3 and required quashing and remittal for proper judgment or rehearing.
• Civil procedure – Primary Courts – Requirement for a proper, signed judgment by the court – Compliance with Magistrate's Courts (Primary Courts) (Judgement of Court) Rules, 1987 (rule 3).
• Role of assessors – assessors must be consulted and judgments signed by all court members; magistrate must not substitute his own opinion for a court judgment.
• Appeals – appellate court cannot lawfully decide an appeal where there is no proper judgment from the trial court; remedy is to set aside and remit for proper judgment or rehearing.
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30 November 1995 |
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Reliable visual identification and inconsistent alibi upheld conviction for armed robbery; appeal dismissed.
Criminal law Armed robbery; visual identification at identification parade; assessment of credibility; alibi; effect of attempted flight on inference of guilt.
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29 November 1995 |
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Appellant's convictions for fraudulent false accounting and theft upheld; confessions and documentary discrepancies sufficiently corroborated.
Criminal law – Fraudulent false accounting and theft by public servant – Documentary discrepancies (cash receipts v. bin/cardex cards) as proof; Admissibility and corroboration of cautioned statements (confessions) – Retraction at trial does not necessarily negate admissibility; Compensation for value of stolen goods – appellate direction where trial court omitted reasons.
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28 November 1995 |
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Appeal dismissed; convictions for stealing and fraudulent false accounting upheld and mandatory restitution ordered.
Criminal law – stealing by public servant and fraudulent false accounting – reliance on cash sale receipts, bin cards and cardex records – corroboration of retracted confessions by documentary and audit evidence – mandatory compensation order for value of stolen public goods.
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28 November 1995 |
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Convictions for theft and false accounting upheld; court orders mandatory restitution for the audited value of stolen goods.
* Criminal law – theft and fraudulent false accounting by employees – discrepancies between cash sales and stock records as evidence of misappropriation.
* Admissibility – cautioned/confessional statements – voluntariness and corroboration by documentary and audit evidence.
* Remedies – mandatory restitution/compensation for value of stolen goods where theft by employee is established.
* Appeal – appellate review of factual findings and credibility where trial court and documentary evidence are consistent.
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28 November 1995 |
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Appeal dismissed; convictions for fraudulent false accounting and stealing upheld and compensation ordered for value of stolen goods.
* Criminal law – Fraudulent false accounting (s.317(b) Penal Code) and stealing by a public servant (s.271) – manipulation of cash sale receipts, bin cards and cardex cards to conceal theft. * Admissibility of cautioned statements – voluntariness and corroboration by documentary evidence. * Evidence – documentary and audit evidence can corroborate confessions and support conviction. * Remedy – appellate correction of trial court’s omission in ordering compensation for value of stolen goods.
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28 November 1995 |
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Appellate court reduced an excessive five-year theft sentence where the victim was a private employer and no loss occurred.
Criminal law — Sentencing — Mandatory/equivalent minimum sentences — Whether a private employer is a "specified authority" for statutory minimum sentences; sentencing discretion and appellate interference where sentence is excessive; relief by reduction and discharge for time served; revision proceedings for co-accused.
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21 November 1995 |
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Identification at a daylight parade and related evidence upheld conviction for armed robbery; appeal dismissed.
* Criminal law – Armed robbery – Identification parade – Safety and reliability of eyewitness identification in daylight at dawn. * Criminal law – Credibility assessment – Trial court’s advantage on witness demeanour and appellate restraint in overturning credibility findings. * Criminal law – Alibi – Inconsistencies and lack of corroboration weaken alibi defence. * Criminal law – Conduct after offence – Attempted escape as incriminatory evidence.
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21 November 1995 |
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Appellant’s challenge to District Court’s finding on land ownership dismissed; respondent proven lawful owner; appeal dismissed with costs.
Civil appeal – land dispute – assessment of witness credibility – appellate court’s power to reassess evidence afresh – lease evidence and limitation – determination of lawful ownership on balance of probabilities.
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10 November 1995 |
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Conviction for forgery and stealing by a public servant upheld; sentences reduced (forgery to 3 years, stealing to 5 years) and ordered concurrent.
* Criminal law – Forgery and stealing by public servant – Proof by documentary discrepancies, witness testimony and handwriting expert evidence – Absconding as corroboration of guilty knowledge.
* Sentencing – Reduction of excessive terms – consideration of first offender status and appropriate minimum sentence for stealing by public servant.
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7 November 1995 |
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Conviction for disobeying a court order requires proof the order was lawfully issued; absence of such proof mandates acquittal.
Criminal law – disobedience of lawful order – burden on prosecution to prove the order was lawfully issued; Evidence – necessity to produce origin of attachment order (civil file, issuing magistrate, plaintiff or clerk); Execution by court broker insufficient without proof of lawful authority; Acquittal required where lawfulness of order not established beyond reasonable doubt.
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7 November 1995 |
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Conviction for disobeying an order quashed where prosecution failed to prove the attachment order was lawfully made.
Criminal law – Disobedience of lawful order – Prosecution must prove lawfulness of order; court broker's evidence insufficient – production of originating civil proceedings or testimony of magistrate/plaintiff/court clerk required – reasonable doubt entitles accused to acquittal.
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7 November 1995 |
| October 1995 |
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Appeal dismissed: robbery conviction and 15‑year sentence upheld; separate threat conviction properly subsumed in robbery.
* Criminal law – robbery with violence – identification evidence – factors: broad daylight, close contact, contemporaneous description and seizure of victim’s property – reliability of identification.
* Criminal procedure – multiple convictions and omnibus sentence – irregularity not necessarily causing failure of justice.
* Sentencing – minimum/mandatory sentences – 15 years upheld as within statutory ambit.
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31 October 1995 |
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An appellate court must not overturn credibility-based findings; respondent lacked locus to claim maintenance for the daughter.
Civil procedure – appeal – appellate interference with trial court factual findings dependent on credibility; Locus standi – father’s right to sue for maintenance of adult daughter; Family law – Law of Marriage Act 1971 – entitlement to maintenance lies with wife; Proof – absence of power of attorney/administrator appointment undermines authority to sue.
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26 October 1995 |
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Appellate court upheld theft conviction, reduced five‑year sentence to two years, and increased compensation to Shs.409,000.
Criminal law – Theft – Credibility of defence of robbery – Appellate review of trial credibility findings; Sentence – Excessiveness of custodial sentence where stolen property is private commercial property; Compensation – Variation of compensation order to reflect actual value of stolen goods including missing empty crates.
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24 October 1995 |
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Appeal against theft conviction dismissed; sentence reduced to two years and compensation increased to Shs.409,000.
Criminal law – Theft – Credibility findings – Trial magistrate’s evaluation of defence robbery story upheld; conviction affirmed. Sentencing – Excessive sentence reduced where Minimum Sentences Act inapplicable. Restitution – Compensation increased to reflect proven value of stolen goods.
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24 October 1995 |
Criminal Practice and Procedure - Sentence - Sentencing Juveniles - Ascertainment of age of juveniles. |
10 October 1995 |
| September 1995 |
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Identification by credible witnesses in broad daylight defeated an unsupported alibi; appeal dismissed and sentences upheld.
Criminal law – Robbery with violence – Identification evidence – reliability of eyewitness identification in broad daylight – unsupported alibi carries little weight – sentencing: custodial statutory minima and corporal punishment lawful.
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28 September 1995 |
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Appellate court upheld theft convictions based on recovered property, eyewitness evidence and admissions despite claims of unlawful arrest.
Criminal law – Theft under s.265 Penal Code – recovery of stolen property, eyewitness identification and admissions – appellate review of trial court credibility findings – allegation of unlawful arrest insufficient to overturn conviction.
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27 September 1995 |
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Appellants’ theft convictions upheld: eyewitness identification and recovered property sufficiently proved the offence; appeal dismissed.
Criminal law – Theft – Sufficiency of evidence – Eyewitness identification and recovery of stolen property – Appellate review of trial court’s credibility findings.
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27 September 1995 |
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Court upheld conviction based on reliable identification evidence; the applicant’s appeal was dismissed.
Criminal law – Identification evidence – identification parade – reliability assessed by time of observation, proximity and witness conduct – armed robbery conviction and sentence appeal dismissed.
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26 September 1995 |
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Appellate court may overturn trial credibility findings where trial court ignored material corroboration and relied on extraneous non‑witness statements.
Land dispute – evidence of sale of structure on disputed plot – credibility of witnesses – trial court's site visit and reliance on statements of non-witnesses – scope of appellate review where findings turn on demeanour.
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25 September 1995 |
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Appellate court erred by introducing new issues; trial court's credibility finding restored and land awarded to the appellant.
Land dispute — evidence and credibility — trial court better placed to assess witnesses; appellate court erred in introducing new issues not canvassed at trial — first appellate judgment set aside and trial court judgment restored — costs awarded.
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25 September 1995 |
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Appeal allowed: conviction quashed for unsafe night identification and sentence set aside, appellant ordered released.
Criminal law – Identification evidence – Night-time identification under poor visibility – Unsafe identification; Criminal procedure – Silence/failure to answer alarm not a substitute for positive identification; Criminal law – Armed robbery – requirement of proof of weapons to justify mandatory sentence; Appeal – Trial magistrate importing extraneous matters – appellate interference warranted.
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16 September 1995 |
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Absence of DPP consent deprived subordinate court of jurisdiction; convictions quashed for lack of proof and jurisdiction.
Economic Crimes — Jurisdiction — Offence designated an economic crime under Economic and Organized Crime Control Act — Trial in subordinate court requires DPP consent — absence of consent renders trial void; Criminal evidence — joint possession — inference of joint possession must be proved; Firearm definition — prosecution must prove an item is capable of discharging bullets/pellets; Housebreaking instruments — ordinary tools not necessarily instruments unless shown in circumstances of use; Retrial — discretionary, may be refused if sterile or contrary to interests of justice; Revision — court may quash convictions and set aside sentences of co-accused where appropriate.
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13 September 1995 |
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Absence of required DPP consent rendered trial of the economic crime void; seized items were not proven firearms, convictions quashed and accused released.
Criminal law – Economic and Organized Crime Control Act – jurisdiction to try economic crimes requires consent of Director of Public Prosecutions – absence of consent renders trial irregular; Arms and Ammunition Ordinance – definition of 'firearm' requires capability to discharge bullets or pellets – alleged homemade weapon not proved to be firearm; joint possession – must be established by evidence; revisional jurisdiction – quashing convictions where fundamental irregularity and evidential insufficiency exist.
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13 September 1995 |
| August 1995 |
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High Court quashed acquittals and substituted convictions where single-witness testimony was found reliably to prove assault and malicious damage.
Criminal law — Appeal against acquittal — Single-witness evidence — Requirement is reliability of the witness, not automatic need for corroboration — Assault occasioning bodily harm (s.241 Penal Code) — Malicious damage to property (s.326(1) Penal Code) — Substitution of conviction and imposition of sentence and compensation.
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29 August 1995 |
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Court quashed acquittal, held single-witness evidence reliable, convicted respondent for assault and malicious damage.
Criminal law – single-witness evidence – requirement is assessment of absolute reliability, not automatic corroboration; appellate substitution of convictions for acquittal where evidence supports guilt; assault occasioning bodily harm; malicious damage to property; sentencing and compensation orders.
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29 August 1995 |
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Whether the accused intentionally set the house alight causing death — court found accidental fire/self‑defence and acquitted.
Criminal law – murder – causation and malice aforethought – burden on prosecution to prove guilt beyond reasonable doubt; evidence credibility – contradictions between court testimony and prior statements; accidental fire and self‑defence as reasonable doubt; assessors' opinion considered.
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28 August 1995 |
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A Primary Court’s judgment must be made jointly with assessors; if assessors are unobtainable without undue expense the case must be reheard.
Primary Courts — Composition and decision-making — Judgment is a joint exercise by presiding magistrate and assessors; necessity to receive and record assessors' opinions (G.N. No. 2/83) — If presiding magistrate and assessors cannot be obtained without undue expense, rehearing required and costs consequences follow.
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25 August 1995 |
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An appeal is not the proper remedy to attack an ex parte judgment; such judgments must be set aside by application to the trial court.
Civil procedure – Ex parte judgment – Remedy to challenge – Application to the court which passed the decree under Order XIII r.13(1) CPC to set aside and rehear – Appeal incompetent to overturn ex parte decree.
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24 August 1995 |
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An appeal against an unchallenged ex parte judgment is incompetent until the defendant first applies to the trial court to set it aside.
* Civil procedure – Ex parte judgment – Remedy where decree passed ex parte against defendant; * Order XI r.12(1) CPC – application to trial court to set aside ex parte decree before appealing; * Competence of appeal – requirement to first seek setting aside of ex parte judgment.
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24 August 1995 |
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Co-accused confessions and corroborating circumstances justified affirmation of theft convictions despite contested witness opportunity evidence.
Criminal law – Theft (s.265 Penal Code) – Use of cautioned confessions by co-accused to implicate non-confessing appellants – Admissibility and reliability of confessions – Accomplice testimony and need for caution – Circumstantial corroboration of confessions.
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24 August 1995 |
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Conviction for armed robbery quashed where prosecution evidence and police search were unreliable and insufficient.
Criminal law – armed robbery – adequacy of prosecution evidence – recovery of alleged stolen property – searches without warrant or civilian witnesses – credibility of police evidence – conviction unsafe where case not proved beyond reasonable doubt.
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17 August 1995 |
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Conviction for obtaining money by false pretence quashed where document and evidence were ambiguous and fraudulent intent unproven.
Criminal law – Fraud by false pretence – Requirement to prove false representation and fraudulent intent; evidential weight of ambiguous written statements (exhibit) and witness testimony. Criminal proceedings and civil orders of ownership – appropriateness of imposing joint-ownership orders in criminal convictions. Release of seized property and conditions: payment of contractual sums and customs duties; compensation for wrongful or vexatious prosecution.
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11 August 1995 |
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A written trial judgment failing statutory form and relying on improperly admitted child evidence renders the conviction invalid.
* Criminal Procedure Act s.312(1)–(2) – mandatory content and form of judgments – failure to state points for determination, decisions thereon and reasons renders judgment no judgment in law. * Evidence Act s.127(2) – reception of child evidence – procedural non‑compliance and inadmissibility for conviction. * Conviction and sentence quashed where judgment defective and evidence insufficient.
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3 August 1995 |
| July 1995 |
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Conviction upheld under recent-possession principle, but minimum sentence reduced where stolen property's value was not proved.
Criminal law – burglary and stealing; recent possession doctrine as basis for inference of guilt; minimum statutory sentences – requirement to prove nature and value of stolen property before imposing higher minimum sentence; appellate variation of sentence.
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29 July 1995 |
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A withdrawing party granted leave to withdraw an appeal must ordinarily pay the adverse party’s costs; withdrawal may be re‑instituted subject to limitation.
Civil procedure – Withdrawal of appeal – Leave to withdraw granted – Costs – Section 21 Civil Procedure Code 1966 – Party seeking leave to withdraw must ordinarily pay adverse party’s costs – Withdrawal does not bar re‑institution subject to limitation.
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27 July 1995 |
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Acquittal overturned: admissions and overwhelming prosecution evidence established theft by a postmaster; appeal allowed and conviction entered.
* Criminal law – Theft by public servant – evidence – official inspection report, written admission and cautioned statement as proof of theft. * Criminal procedure – Appeal against acquittal – appellate interference where trial court’s acquittal is contrary to overwhelming and uncontradicted prosecution evidence.
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17 July 1995 |
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The court quashed the respondent's acquittal where his admissions, receipts and control of safe keys proved theft beyond reasonable doubt.
Criminal law – Theft by public servant – sufficiency of evidence – signed inspection report and written admission – voluntary cautioned statement – documentary receipts and custody of safe keys – appellate review of acquittal and miscarriage of justice.
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17 July 1995 |