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Citation
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Judgment date
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| December 1997 |
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Criminal law - Robbery - Proof of- Circumstantial evidence - Evidence must lead to an irresistible inference |
17 December 1997 |
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Appeal dismissed: eyewitness identification, recovery of stolen property and arrest circumstances upheld convictions for robbery with violence.
Criminal law – Robbery with violence – Visual identification evidence – Recovery of stolen property and weapons as corroboration – Absence of police identification forms does not necessarily vitiate reliable identification – Lighting and witness familiarity relevant to identification credibility.
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12 December 1997 |
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Conviction for threatening to kill upheld; maximum sentence reduced as unjustified in the circumstances.
Criminal law – Threats to kill – s.89(2)(a) Penal Code – Elements of a threat: words, proximity and presence of weapon – Credibility of witnesses – Sentencing: maximum penalty reserved for extreme cases; court reduced sentence.
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5 December 1997 |
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Long uninterrupted occupation (22 years) indicated sale and rendered the recovery claim time‑barred under customary law.
Customary land – recovery of possession – limitation under G.N. 311/1964 item 6 (12 years) – continuous undisturbed occupation as evidence of sale not mortgage – laches/sleeping on rights.
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5 December 1997 |
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Court refuses review, upholds finding respondent acquired title by adverse possession, and awards costs.
Land law – adverse possession/acquisitive prescription – continuous possession and planting of permanent crops for statutory period; Civil procedure – review versus appeal – High Court will not review its own judgment absent apparent error on record or new material; Jurisdiction – appeal route from Ward Tribunal through Primary and District Courts to High Court.
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5 December 1997 |
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Acquittal on large-sum theft upheld for lack of proof; conviction affirmed for household theft and conditional discharge replaced with fine and compensation.
* Criminal law – Theft – Proof of ownership and possession – Acquittal upheld where prosecution failed to prove ownership of alleged stolen sum. * Criminal law – Theft – Defendant’s claimed intention to return found money – rejected where evidence showed removal from wardrobe and retention rather than surrender. * Sentencing – Conditional discharge under s.34(1) Penal Code – appealable if unduly lenient; court may substitute fine and compensation with imprisonment in default. * Procedure – Inaccurate particulars in charge-sheet do not excuse prosecutorial failure to prove ownership and possession.
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3 December 1997 |
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Familiar victims’ face‑to‑face identification sustained robbery convictions; restitution timing clarified to allow execution while convicts are imprisoned.
* Criminal law – Robbery with violence – visual identification by familiar victims during prolonged face‑to‑face assaults – standards for reliability.
* Criminal procedure – Conviction safety where identification challenged on grounds of lighting and shock.
* Restitution – execution of compensation order while convicted persons are in custody; timing and effect of limitation period.
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2 December 1997 |
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Identity evidence was held reliable; conviction and 15‑year sentence upheld; restitution timing clarified for execution.
Criminal law – Robbery with violence – Visual identification – Requirements for reliable identification (known assailants, illumination, ample time, prompt reporting); Conviction and sentence – appropriateness of 15 years; Restitution – timing and execution of compensation orders against imprisoned convicts (distress in prison or execution upon release; commencement of limitation period).
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2 December 1997 |
| November 1997 |
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Recent possession of stolen goods and admissible confessions upheld convictions for burglary, stealing and conspiracy.
Criminal law – Confessions and cautioned statements – Admissibility and weight; Doctrine of recent possession – possession of identified stolen goods as evidence of burglary/stealing; Evidence – recovery of breaking instruments and identification of goods; Conviction for conspiracy, burglary and stealing upheld.
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28 November 1997 |
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Appeal dismissed: confessions, recent possession and recovered items sufficiently supported convictions for burglary, stealing and conspiracy.
* Criminal law – Confession and cautioned statements – Retraction and voluntariness – Admissibility and weight.
* Criminal law – Recent possession – Recovery and identification of stolen property – Evidence supporting burglary and stealing.
* Criminal law – Possession of break-in instrument – Corroboration of involvement in burglary.
* Criminal law – Conspiracy to steal – Joint liability assessed on confessions and corroborative evidence.
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28 November 1997 |
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A child born during marriage is presumptively the respondent’s; reimbursement for maintenance needs strict, specific proof.
Family law – legitimacy/paternity – child born in wedlock presumed to be husband's child; maintenance – claims for reimbursement require strict, specific evidence; unsubstantiated oral assertions insufficient to found reimbursement orders.
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28 November 1997 |
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Appellant’s convictions quashed where contradictions, hearsay and an honest claim of right made convictions unsafe.
Criminal law – Theft/Conversion – Safety of convictions where witness contradictions; Hearsay – inadmissibility of evidence recounting non-testifying employer’s statements; Defence – bona fide claim of right and absence of intent to defraud may negate theft; Trial irregularity – failure to consider claim of right renders conviction unsafe.
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27 November 1997 |
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Daytime identification plus a corroborated confession and recovered property upheld conviction and 15-year sentence for robbery with violence.
* Criminal law – Robbery with violence – Elements proved where complainant and eyewitness identification in daylight corroborated defendant’s confession and recovery of stolen property (exhibit).
* Evidence – Confession – Admissibility and corroboration by independent eyewitness and recovered property.
* Criminal procedure – Defence of being framed – Rejection where confession and corroborative evidence establish guilt.
* Penal Code – Sections 285 and 286 – Conviction and custodial sentence upheld.
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25 November 1997 |
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Daylight identification plus confession and restitution corroborated robbery conviction; 15-year sentence upheld.
* Criminal law – Robbery with violence – Identification in daylight – reliability of identification evidence; corroboration by confession and restitution of stolen property; appellate review of factual findings and sentence.
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25 November 1997 |
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Conviction for rape affirmed despite PF3 exclusion; medical form discounted but eyewitness corroboration proved rape; sentence substituted for fifteen years.
Criminal law – Rape – Proof of intercourse and lack of consent – Role of corroboration in sexual-offence cases – Caution when acting on uncorroborated complainant evidence; Evidence – PF3/medical report inadmissible where signatory not identified or produced – Section 291 Criminal Procedure Act; Sentencing – Trial court exceeding sentencing jurisdiction – substitution of sentence on appeal.
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21 November 1997 |
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Primary court acquittal restored where jurisdiction, lawful arrest and use of force elements for rescue offences were lacking.
Criminal law – aiding escape/rescue (ss.115(c) & 117(1) Penal Code) – jurisdiction of primary courts – necessity of lawful arrest/custody and use of force – private person’s power to arrest (Criminal Procedure Act).
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21 November 1997 |
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Appeal allowed: conviction quashed where lawful arrest/custody and jurisdiction to try s.115(c) offence were absent.
Criminal law – Elements of offence under s.115(c) Penal Code – lawful custody and use of force to rescue – requirement of lawful arrest/custody; Criminal procedure – jurisdiction of primary courts – First Schedule to Magistrates’ Courts Act; Private person’s arrest – limits and unlawfulness of detention by non-authorised persons; Appeal – appellate court should not convict where essential ingredients and jurisdiction are lacking.
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21 November 1997 |
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A detailed auditor's report and accounting records can establish a servant's theft despite no formal handover documents.
* Criminal law – Theft by servant – Use of detailed auditor's report, receipts and bank-in slips to establish period-specific shortages and culpability.
* Evidentiary issues – Absence of formal handing-over certificate does not defeat reliable documentary evidence attributing responsibility.
* Procedure – Audit evidence can suffice to prove theft beyond reasonable doubt when it shows deficits during the accused's period of custody of funds.
* Sentencing – Application of Minimum Sentences Act 1972.
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21 November 1997 |
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An unequivocal guilty plea was upheld; minimum sentence reduced to five years and remainder suspended due to appellant's advanced age.
Criminal law – unlawful possession of firearm (muzzle gun) – plea of guilty – whether plea equivocal – sentencing – applicable statutory minimum sentence (five years under Amending Act No.10/1989) – mitigation for advanced age – suspension of sentence and probation supervision.
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14 November 1997 |
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Conviction based on mere suspicion and unreliable nighttime identification was quashed.
* Criminal law – Identification evidence – visual identification at night – brief encounter with faces partially covered – reliability and sufficiency of ID evidence.
* Criminal law – Proof beyond reasonable doubt – suspicion insufficient to sustain conviction.
* Evidence – requirement to establish connecting circumstances/proximity to link accused to offence.
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7 November 1997 |
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Conviction quashed where identification and hearsay were insufficient to prove recovered goods were stolen beyond reasonable doubt.
Criminal law – conviction for theft/burglary – identification of property – common, undistinguished articles; hearsay – identification by non-testifying witness inadmissible; particulars of charge – necessity to specify items alleged stolen; burden of proof – prosecution must prove identity of stolen goods beyond reasonable doubt.
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7 November 1997 |
| October 1997 |
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Unexplained possession of recently stolen property raises a presumption of guilt; conviction and sentence upheld.
Criminal law – Stealing and housebreaking – Unexplained possession of recently stolen property raises presumption of guilt; strength depends on temporal proximity; formal misdescription of charge not prejudicial where conviction otherwise safe.
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31 October 1997 |
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Whether the respondent had locus standi to sue and whether the interlocutory ruling was appealable.
Civil procedure – locus standi – purchaser’s spouse and estate administrator may sue as interested party; primary court appointments can only be attacked on appeal – trial court cannot review such appointments; interlocutory rulings in civil trials are not appealable under section 74 read with Order XL of the Civil Procedure Code; vendor mortgaging sold property – purchaser’s remedy and payment to protect property.
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31 October 1997 |
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An interlocutory ruling on locus standi and an administrator’s appointment is not appealable; respondent had standing to sue.
• Civil procedure – interlocutory rulings – interlocutory orders made in the course of trial are not appealable absent statutory provision or final order.
• Locus standi – interested party – payment to prevent bank sale and management of matrimonial asset confer sufficient interest to sue.
• Probate and administration – challenge to appointment of administrator must be by appeal from the appointing court, not by collateral attack in a separate civil trial.
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31 October 1997 |
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Appellant failed to prove attached cattle were his; court upheld that they belonged to the judgment-debtor and dismissed appeal.
Execution proceedings – attachment of goods – ownership dispute between execution third-party claimant and judgment-debtor – burden of proof on balance of probabilities – concealment/transfer to frustrate execution as evidence of judgment-debtor’s ownership.
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24 October 1997 |
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Appeal dismissed; identification and discovery evidence reliable despite irregular admission of a cautioned statement.
* Criminal law – armed robbery – identification parade – requirements for proper conduct and admissibility of identification evidence. * Evidence – cautioned/confessional statement – admissibility procedure, voluntariness, burden on prosecution (Evidence Act s.27(2)). * Evidence – discovery of weapon – reliability and corroboration. * Credibility – appellate deference to trial court findings.
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24 October 1997 |
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The appellant’s conviction was quashed for unsafe identification and insufficient evidence linking him to the robbery.
* Criminal law — Identification evidence — Reliability of eyewitness identification at night; risk of mistaken identity.
* Robbery/Attempted robbery — Elements — demand, threat or use of violence must be proved.
* Possession of property — Prosecution must link items found on accused to the victim.
* Conviction unsafe where based on speculation and contradictory witness accounts.
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24 October 1997 |
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Proceedings before a primary court conducted with only one assessor are null and warrant a trial de novo.
* Primary Courts – requirement to sit with not less than two assessors (Magistrates' Courts Act 1984 s7(1)) – proceeding with only one assessor unlawful. * Effect of improper constitution – absence of valid majority opinion (s7(2)) – proceedings a nullity. * Appeal – district court erred in failing to declare primary court proceedings void – remedy: trial de novo.
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23 October 1997 |
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Appellate court trims employment termination award, quashing repatriation, travel and speculative earnings claims, upholding limited salary arrears.
Employment law – termination – place of first engagement/domicile determines repatriation entitlement; humanitarian payments vs contractual entitlement; damages – speculative future earnings and allowances; set‑off against terminal benefits; appellate reduction of trial court award.
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22 October 1997 |
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Identification-parade evidence was inadmissible without testimony of conductor; two appellants’ convictions quashed, two convictions upheld with adjusted sentences.
* Criminal law – Identification parades – admissibility – identification parade hearsay where conducting officer does not testify and no register produced – such evidence discounted.
* Criminal law – Identification – reliability of eyewitness identification under poor lighting and brief encounters – convictions unsafe where identification not properly established.
* Criminal law – Conspiracy and armed robbery – when conspiracy may be inferred from common plan and conduct.
* Sentencing – illegality and excess – appellate substitution of lawful sentences when trial court exceeds sentencing power.
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17 October 1997 |
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Appellant acquitted where prosecution failed to prove he knowingly dealt in stolen bricks; conviction quashed and sentence set aside.
* Criminal law – theft – whether accused acted as innocent agent for an absconding co-accused – proof of guilty knowledge required for conviction under section 265.
* Evidence – consistency of accused’s defence and absence of contradictory incriminating evidence – effect on safety of conviction.
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14 October 1997 |
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Conviction quashed where prosecution failed to prove appellant knew bricks were stolen or acted beyond agency.
Criminal law – Theft – Knowledge/guilty mind – Where accused acted as agent and prosecution fails to prove guilty knowledge, conviction cannot stand; appellate court may quash conviction and acquit.
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14 October 1997 |
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Appellant acquitted where prosecution failed to prove he knew the bricks sold were stolen.
* Criminal law – Theft – Element of dishonest/guilty knowledge – Prosecution must prove accused knew goods were stolen. * Agency/innocent seller – Acting as agent or openly selling goods and handing proceeds to another may negate dishonest knowledge if uncontradicted. * Appeal – Conviction unsafe where prosecution fails to rebut consistent defence on essential element of offence.
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14 October 1997 |
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Court allowed appeal: upheld jurisdiction and procedure but quashed unproven damages and interest; ordered terminal benefits calculation.
* Civil procedure – Pecuniary jurisdiction – jurisdiction determined by relief claimed in plaint and liberal interpretation of pleadings. * Evidence/procedure – Judgment on admissions/documentary evidence and written submissions is permissible where parties consent. * Damages – General damages must be supported by evidence; awards unsupported by testimony/affidavit are quashed. * Interest – High contractual interest awards may be inappropriate and liable to be set aside. * Employment law – Deemed termination by employee conduct; entitlement to terminal benefits and salary arrears to be calculated as at relevant date.
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14 October 1997 |
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Appeal allowed: acquittal quashed; convictions substituted for theft and assault; restitution and compensation ordered.
Criminal law – robbery with violence – adequacy of identification evidence – alibi – delay in reporting to authorities – convicting of lesser/cognate offences under section 300 Criminal Procedure Act; theft; assault occasioning actual bodily harm.
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3 October 1997 |
| September 1997 |
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Appellants' inconsistent, implausible explanations and sale of seedlings supported theft convictions; appeal dismissed.
* Criminal law – Theft – Sale of suspected stolen property – Credibility of accused’s explanations regarding ownership and source of goods.
* Evidence – Inconsistent statements and implausible defences – Appellate review of trial court’s credibility findings.
* Criminal appeal – Whether conviction and sentence are sustainable where accused gave contradictory accounts.
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26 September 1997 |
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Appellants' inconsistent, implausible explanations for possession of stolen seedlings undermined their defences; appeal dismissed.
* Criminal law – Theft – Conviction of stealing agricultural seedlings – Credibility of accused – Inconsistent defences and adverse credibility findings – Appeal to High Court – appellate deference to trial magistrate’s credibility assessments.
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26 September 1997 |
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Second appeal dismissed: trial court’s finding of crop damage by appellant’s cow and its compensation award were upheld.
* Tort — Animals — Trespass by domestic animal causing crop damage; assessment of damages by trial court given weight where site inspection and sketch plan supported findings. * Civil procedure — Appeal — Appellate court will not interfere with damage quantum unless plainly unreasonable; second appeal dismissed for lack of substantive grounds.
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25 September 1997 |
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District court wrongly overturned maintenance award; primary court decision restored and representative appearance under section 33(2) held valid.
* Family law – maintenance of wife and infant child – primary court award restored. * Civil procedure – representation in primary court – section 33(2) Magistrates' Courts Act permits relative/household member to act for party with leave. * Family law – presumption of legitimacy – child born during separation presumed child of marriage unless paternity rebutted.
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19 September 1997 |
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Conviction for breaking and stealing upheld; 10-year sentences reduced to 5 years due to lack of aggravating factors.
* Criminal law – Breaking and stealing – Accused found inside broken NAFCO container – credibility of alibi and circumstantial indicia of guilt.
* Sentencing – Excessive sentence – absence of aggravating factors – appellate reduction of sentence.
* Criminal appeal – appellate power to vary sentence in favour of a non-appealing co-accused.
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16 September 1997 |
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Conviction for night-time break-in and theft upheld; sentence reduced from 10 to 5 years for lack of aggravating factors.
Criminal law – Theft/burglary – Accused caught inside premises following tip-off – Credibility of defence – Appeal against conviction dismissed; sentence reduced for being excessive in absence of aggravating factors.
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16 September 1997 |
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Conviction for store-breaking and stealing upheld; 10-year sentences reduced to 5 years for being excessive.
* Criminal law – store-breaking and stealing (s.296(2) Penal Code) – credibility of police evidence and apprehension red-handed – appellate review of conviction.
* Sentencing – absence of aggravating factors – reduction of excessive sentence on appeal.
* Appellate powers – varying sentence in favour of non-appealing co-accused permitted.
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16 September 1997 |
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Reliable identification and contemporaneous use of force sustain robbery conviction and statutory minimum sentence.
Criminal law – Robbery with violence – Identification evidence – Use or threat of force must be contemporaneous with theft – Minimum Sentences Act – sentence upheld.
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12 September 1997 |
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Appeal dismissed: identification credible and violence occurred to obtain property, upholding robbery conviction and minimum sentence.
Criminal law – Robbery with violence – Identification evidence – Reliability of visual identification by victim and relative – Use and timing of force as element of robbery (s.285 Penal Code) – Sentence upheld as minimum prescribed under Minimum Sentences Act.
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12 September 1997 |
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Convictions quashed where hearsay s.34B statements were improperly admitted and adverse inference improperly relied upon despite no case to answer.
Criminal procedure – insufficiency of prosecution evidence; Evidence Act s.34B – admissibility of out‑of‑court statements where makers did not testify and statutory conditions not complied with; Criminal Procedure Act s.231 – limits on drawing adverse inferences from accused's silence; hearsay and fundamental irregularity; convictions quashed.
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12 September 1997 |
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Appellants' convictions quashed where inadmissible s.34B statements, absent witnesses, and improper adverse inference made convictions unsafe.
Criminal law – Evidence Act s.34B – inadmissibility of out-of-court statements where statutory conditions not complied with; Criminal Procedure Act s.231(3) – adverse inference from silence cannot substitute for prosecution proof beyond reasonable doubt; conviction unsafe where key witnesses absent and evidence lacks corroboration.
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12 September 1997 |
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Appeal dismissed—evidence proved unprovoked assault with a hoe; conviction for assault occasioning actual bodily harm and two‑year sentence affirmed.
* Criminal law – assault occasioning actual bodily harm (s.241 Penal Code) – sufficiency of evidence – unprovoked attack with hoe causing cut wounds.
* Criminal procedure – conviction on lesser offence – entry under s.300 Criminal Procedure Act proper where evidence supports lesser charge.
* Sentencing – two years' imprisonment held reasonable for assault occasioning actual bodily harm.
* Procedural – appeal of co‑accused abates on death under s.371 Criminal Procedure Act.
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12 September 1997 |
| August 1997 |
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Appellant’s convictions for forged notes and suspected stolen goods quashed due to insufficient and procedurally defective evidence.
Criminal law – possession of forged currency (s.348 Penal Code) – prosecution must prove possession beyond reasonable doubt; Criminal law – possession of goods suspected stolen (s.312(b) Penal Code) – need for evidence of reasonable suspicion and accused's reasonably probable explanation; Search and seizure – lawfulness and admissibility where accused detained and excluded from search; Evidential sufficiency – importance of specifying precise location of seized items and guarding against possibility of police planting evidence.
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22 August 1997 |
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The applicant's night-time visual identification was unreliable and unsafe, while recent possession sustained another appellant's conviction.
* Criminal law – Identification evidence – Visual identification at night must be watertight to sustain conviction.
* Criminal law – Recent possession – Unexplained recent possession of stolen goods shortly after theft raises presumption justifying conviction.
* Criminal procedure – Joinder – Conspiracy count may be inferred but joinder with specific substantive charges requires care.
* Sentencing – Distinction between armed robbery and ordinary robbery; proof of weapon and statutory minima relevance.
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15 August 1997 |
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Whether nighttime visual identification and recent possession evidence suffice to sustain armed robbery convictions.
* Criminal law – Armed robbery – Visual identification – Night-time, brief glimpse amid terror insufficient for safe conviction. * Criminal law – Recent possession – Unexplained possession of stolen, marked goods shortly after theft raises presumption supporting conviction. * Criminal procedure – Conspiracy – Agreement may be inferred from acts but joinder with specific offences may be unnecessary. * Evidence – Failure to produce material exhibits (bullets) undermines prosecution case and may indicate fabrication.
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15 August 1997 |