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Citation
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Judgment date
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| December 2005 |
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19 December 2005 |
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The appellants' convictions were quashed for insufficient evidence, unreliable identification, and possibility the theft occurred while off-duty.
Criminal law – sufficiency of evidence; identification evidence – reliability and motive; circumstantial evidence – shifting of burden where theft may occur off-duty; absence of link between opened padlocks (keys) and accused.
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15 December 2005 |
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15 December 2005 |
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15 December 2005 |
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A dispute over competing purchases of the same land is civil in nature; criminal trespass proceedings are inappropriate and appeal dismissed.
* Criminal law – Trespass – Where competing claims of purchase create a dispute over title, the matter is civil not criminal; criminal prosecution for trespass is inappropriate. * Civil procedure – Remedy for competing land claims – Title disputes must be resolved by civil action rather than criminal courts. * Appellate jurisdiction – Criminal appellate court lacks mandate to determine the legality of land sales underlying rival title claims.
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15 December 2005 |
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15 December 2005 |
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8 December 2005 |
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8 December 2005 |
| November 2005 |
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29 November 2005 |
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14 November 2005 |
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Conviction based on uncorroborated co-accused testimony is unsafe; conviction, sentence and restitution quashed.
Criminal law – Receiving stolen property (s.311(1) Penal Code) – Accomplice evidence – testimony of co-accused requires corroboration; corroboration cannot be supplied by speculation or unproven flight; conviction on uncorroborated accomplice evidence unsafe.
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8 November 2005 |
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Rape conviction of an 11‑year‑old quashed for failure to conduct voir dire, hold in‑camera hearing, and lack of corroboration.
Evidence Act s.127 — voir dire requirement for child witnesses; distinction between sworn and unsworn child evidence; corroboration of unsworn child testimony; Children and Young Persons Ordinance s.3(5) — mandatory in‑camera proceedings for child sexual offence victims; voluntariness and proof of confession; unsafe conviction due to procedural and evidential defects.
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8 November 2005 |
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1 November 2005 |
| October 2005 |
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Conviction quashed where trial court ignored defence evidence and conviction under a repealed but identically re‑enacted provision was curable.
* Criminal law – Corruption offences – soliciting and receiving an advantage; importance of proof of corrupt intent.
* Statutory construction – conviction under repealed provision curable if re‑enacted identically.
* Evidence – duty to evaluate prosecution and defence evidence as a whole; requirement to give reasons (s.312(1) CPA).
* Procedure – charging soliciting and receiving separately may be superfluous where arising from same facts.
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28 October 2005 |
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Application for leave to appeal dismissed for lack of evidential foundation and no appealable point of law.
Criminal Procedure Act s.372(2) – revision of trial proceedings; Revision applications require evidential foundation not bare legal submissions; New legal arguments not previously raised are ordinarily inadmissible in seeking leave to appeal; Court of Appeal’s jurisdiction is to hear appeals, not to interpret High Court orders in absence of appealable point of law; Leave to appeal dismissed.
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28 October 2005 |
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24 October 2005 |
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Conviction for office breaking and stealing quashed for insufficiency of evidence and unreliable corroboration.
Criminal law – theft and office breaking – sufficiency of evidence; identification of stolen property; possession by suspect; corroboration requirements; handwriting expert evidence; burden of proof beyond reasonable doubt.
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17 October 2005 |
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17 October 2005 |
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Application for extension of time refused; conviction sustained by recent-possession evidence despite some procedural irregularities.
Criminal procedure – extension of time to appeal – requirement of 'good cause' for extension; Criminal procedure – delays in certification of judgment – rights to expeditious justice; Evidence Act s.127(2) – reception of child witness evidence requires assessment of intelligence and duty to tell truth; Evidence Act s.122 – doctrine of recent possession supports conviction where accused found with recently stolen goods; Repudiated cautioned statement – court must inquire into circumstances to ensure voluntariness.
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4 October 2005 |
| September 2005 |
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Failure to record conviction after a guilty plea under s.228(2) is an incurable irregularity quashing the conviction.
* Criminal procedure — guilty plea — mandatory requirement to record conviction before sentencing — s.228(2) Criminal Procedure Act — failure is incurable and fatal.
* Criminal procedure — judgment to specify offence and section of conviction — s.312(2) Criminal Procedure Act — omission undermines sentencing.
* Road Traffic Act — cancellation of driving licence — s.27(1)(a) — accused must be called to advance special reasons; court must make findings.
* Retrial — ordered only in interest of justice; delay/staleness may militate against retrial (Manji principles).
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30 September 2005 |
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Failure to record conviction and to specify the offence vitiated the respondent's conviction; licence-cancellation omission was irregular but curable.
Criminal procedure — Plea of guilty — Mandatory recording of admission and conviction under s.228(2) Criminal Procedure Act — failure is incurable and fatal; Criminal procedure — Judgment requirements — Specification of offence and section under s.312(2) Criminal Procedure Act; Road Traffic law — s.27(1)(a) — requirement to call accused to advance special reasons before shortening or not imposing mandatory licence cancellation; Retrial — discretionary, ordered only in interests of justice.
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30 September 2005 |
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Conviction under a re‑enacted corruption provision quashed where trial court failed to consider defence and raised reasonable doubt.
Criminal law – Corruption – conviction under a repealed provision curable if re‑enacted identically; Evaluation of evidence – duty to consider defence evidence and give reasons under section 312(1); Honest belief/innocent receipt as defence to receiving an advantage; Procedural point – soliciting and receiving arising from same facts should not be charged as distinct offences.
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21 September 2005 |
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Identification was unreliable and a retracted cautioned statement, lacking corroboration, could not sustain conviction.
* Criminal law – Visual identification – Court must be satisfied that all possibilities of mistaken identity are excluded before acting on identification evidence. * Criminal procedure – Cautioned statements – Trial-within-trial required where voluntariness is contested; appellate courts may itself assess voluntariness. * Confession evidence – Retracted confession requires corroboration in material particulars before it can support conviction.
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20 September 2005 |
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Conviction quashed for failure to conduct voir dire, procedural irregularities, and insufficient corroborative evidence.
Criminal law – Sexual offences – Evidence Act s.127(2) voir dire for child witnesses; unsworn child evidence requires corroboration; admission and reading of documentary exhibits in open court; duty to call material witnesses and unexplained delay in arrest; misdirection on charge; discretion on retrial where evidence weak.
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20 September 2005 |
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Visual identification by known witnesses at night upheld conviction despite a misdirected alibi rejection.
* Criminal law – Visual identification – high threshold but admissible where conditions favourable (prior acquaintance, sufficient light, proximity, prompt naming). * Criminal procedure – Alibi – accused does not bear burden to prove; prosecution must disprove beyond reasonable doubt; misdirection on burden may not be fatal if evidence remains cogent. * Delay in arrest – flight may explain delay and does not necessarily vitiate identification. * Appellate review – ability to re-examine factual findings though trial court has advantage of seeing witnesses.
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20 September 2005 |
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Conviction quashed for procedural irregularities, unreliable child evidence and failure to prove unnatural offence beyond reasonable doubt.
Criminal law – sexual offences against children; Evidence Act s.127(2) – voire dire requirement for child witness; unsworn child evidence requires corroboration; admissibility and reading of PF.3 medical reports (exhibits) – accused’s right to peruse/read; discrepancies between oral testimony and medical reports; delay in arrest and non-production of key witnesses; misdirection by trial court assessing wrong offence; conviction quashed for failure to prove guilt beyond reasonable doubt.
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6 September 2005 |
| August 2005 |
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Presence in a vehicle overnight does not, without more, prove the appellant stole money from that vehicle.
Criminal law – Theft from motor vehicle – Sufficiency of evidence – Presence on vehicle overnight insufficient to establish theft – Prosecution must prove appropriation; custody-holder may be alternative suspect.
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26 August 2005 |
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Conviction for rape unsustainable where complainant's age and consent unclear and s127(7) reasons were not recorded.
Criminal law – Rape – Consent and complainant’s age – Corroboration and credibility – Evidence Act s127(7) requires recorded reasons before convicting on uncorroborated sexual‑offence testimony; failure to comply vitiates conviction.
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25 August 2005 |
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Conviction for child rape quashed where medical and circumstantial evidence were inconclusive and inferences speculative.
* Criminal law – Rape of a child – Sufficiency of evidence – Medical findings (old scar, perforated hymen) not decisive absent proof of causation – Circumstantial evidence must exclude reasonable doubt; speculative inferences unsafe to sustain conviction.
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25 August 2005 |
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25 August 2005 |
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24 August 2005 |
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An uncorroborated rape complainant’s account and a repudiated admission cannot safely support a conviction.
Criminal law – Rape – sufficiency of evidence – complainant’s uncorroborated testimony – alleged post‑offence admission repudiated – corroboration required for safe conviction.
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24 August 2005 |
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Failure to call the accused to plead (contrary to section 228(1)) is a fatal irregularity nullifying conviction and sentence.
Criminal procedure – Plea-taking – Section 228(1) – Mandatory requirement to state charge and ask accused to admit or deny – Failure to take plea is fatal irregularity nullifying conviction and sentence.
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24 August 2005 |
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Failure to record an accused's plea under section 228(1) nullifies the trial, quashing conviction and sentence.
Criminal procedure — Section 228(1) Criminal Procedure Act — Recording of plea mandatory — Failure to record plea is a fatal irregularity — Proceedings, conviction, sentence and ancillary orders nullified — Appeal allowed.
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24 August 2005 |
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24 August 2005 |
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24 August 2005 |
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Appeal allowed: conviction for rape of a minor quashed for inadequate medical proof and reliance on minor inconsistencies.
* Criminal law – Rape – conviction cannot be sustained by trivial inconsistencies in evidence unrelated to carnal knowledge or consent.
* Evidence – Medical report (FF3/PF3) – where its contents are challenged the medical officer who examined the victim must be called to tender it and be available for cross‑examination.
* Evidence – Child witness – trial court must make specific findings on truthfulness and reliability of witnesses of tender years before convicting.
* Proof – Requirement to prove carnal knowledge without consent or that complainant was under age/incapable of consent.
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23 August 2005 |
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Appeal allowed: conviction for rape of a child quashed due to reliance on trivial contradictions, failure to call medical officer, and absent credibility finding.
Criminal law – Rape – Sufficiency and safety of conviction; Evidence – tendering of medical report (PF3) – duty to call medical officer; Child witness – requirement for specific credibility finding; Improper reliance on trivial contradictions and previous bail history.
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23 August 2005 |
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Retracted confessions corroborated by circumstantial and identification evidence supported murder convictions and death sentences.
Criminal law – Murder – Circumstantial evidence and identification; Retracted cautions/confessions – voluntariness and corroboration; Alibi – burden and effect; Trial-within-trial evidence – admissibility and weight; Evidence Act ss.27, 33.
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18 August 2005 |
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Plea-based conviction unsafe without proof of victim's age; conviction and sentence quashed, retrial ordered.
Criminal law – Plea of guilty – Unequivocal and voluntary plea – Requirement to ascertain and prove ages where victim is alleged to be a child; Sentencing under section 131(1) and proviso to section 131(2) (Penal Code, as amended) – New allegations of torture raised first on appeal inadmissible – Retrial ordered.
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15 August 2005 |
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A guilty plea must be unequivocal and material facts—especially ages determining sentence—must be proved; failure requires retrial.
Criminal law – guilty plea – requirement of an unequivocal plea supported by clear proof of all material facts; proof of ages of accused and complainant material to conviction and sentence; appellate inadmissibility of new complaints not raised in grounds of appeal; mandatory life sentence provision where victim under ten years.
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15 August 2005 |
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A charge combining distinct complainants and unclear particulars is incurably defective; uncorroborated evidence cannot support conviction.
Criminal procedure – defective particulars – charge joining two distinct complainants and periods – equivocal plea – incurable defect; Evidence – uncorroborated testimony insufficient to prove employment and arrears beyond reasonable doubt; Employment disputes – role of Labour Officer and referral to civil proceedings under the Employment Act.
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15 August 2005 |
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High Court upheld conviction and 30-year minimum sentence for armed robbery, finding identification and witness evidence reliable.
Criminal law – Visual identification: requirements for reliable identification; Witness credibility: familial relationship does not invalidate evidence absent proof of animus; Armed robbery – proof of weapon, threat and violence; Sentence enhancement under Minimum Sentences Act.
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9 August 2005 |
| July 2005 |
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Night identification and recent possession of stolen property (s.122 Evidence Act) sustained conviction; appeal dismissed.
* Criminal law – robbery with violence – visual identification at night – prior sighting, duration of observation, lighting and immediate reporting as safeguards against mistaken identity. * Evidence – possession of stolen property – recent possession presumption under s.122 Evidence Act. * Evidence – failure to call potential corroborating witnesses not fatal when case otherwise persuasive. * Credibility – familial or tribal relationship among witnesses does not automatically invalidate testimony absent evidence of collusion.
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5 July 2005 |
| June 2005 |
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Applicant’s request to file appeal out of time dismissed; conviction and statutory thirty-year rape sentence upheld.
Criminal procedure — Leave to appeal out of time under s.361(b) — High Court’s power under ss.366 and 373(1)(a) to assess merits of intended appeal — Requirement to file notice of appeal under s.361(a) as condition precedent — Sufficiency of evidence in rape conviction; statutory minimum sentence upheld.
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20 June 2005 |
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16 June 2005 |
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Appeal allowed: uncorroborated accomplice evidence and retracted confession left reasonable doubt, so convictions quashed.
* Criminal law – Theft from motor vehicle – Prosecution must prove time, place and identity of thief beyond reasonable doubt; failure to inspect/count goods may vitiate proof of where theft occurred. * Evidence – Accomplice testimony and retracted confession require independent corroboration before they can safely sustain a conviction. * Appeal – Conviction unsafe where key facts are unproven and reasonable doubt remains.
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16 June 2005 |
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Non‑compliance with CPA s.21(1) when a magistrate takes over trial vitiates conviction and warrants retrial.
Criminal procedure – transfer of trial between magistrates – s.21(1) Criminal Procedure Act – discretion to act on predecessor’s recorded evidence or to resummon witnesses – requirement to exercise discretion judiciously and to resummon where necessary; s.21(2) – High Court power to set aside conviction and order retrial where accused materially prejudiced.
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14 June 2005 |
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Conviction and mandatory life sentence quashed due to absence of evidential proof of victim's age; retrial ordered.
Criminal law – rape – plea of guilty – requirement that plea be unequivocal; evidential proof of victim's age required where mandatory sentence depends on victim being a minor; improper to impose mandatory life sentence under amended Penal Code without establishing age; conviction quashed and retrial ordered.
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14 June 2005 |
| May 2005 |
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21 May 2005 |