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Citation
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Judgment date
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| November 1984 |
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Whether circumstantial and physical evidence proved the applicant, as storekeeper, stole goods from the store.
Criminal law – Theft by servant – Circumstantial and physical evidence (intact shutters, inward‑bent iron bars) – Exclusive custody of keys – Appellate deference to trial court’s findings of fact.
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15 November 1984 |
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Conviction for dangerous driving quashed where appellant reasonably swerved in a sudden emergency caused by another vehicle.
Criminal law – Dangerous driving – Burden to prove specific negligent acts or omissions – Sudden emergency doctrine – Reasonable conduct of driver confronted with another vehicle entering main road – Right of way and causation.
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8 November 1984 |
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Failure to refer matrimonial dispute to the mandatory Reconciliation Board invalidates the divorce judgment.
Family law – Law of Marriage Act 1971 – mandatory referral to Reconciliation Board before divorce proceedings; non-compliance vitiates proceedings; default judgment entered without statutory precondition set aside.
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5 November 1984 |
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Conviction quashed where imprest was given to the appellant personally and prosecution failed to prove theft by agent beyond reasonable doubt.
* Criminal law – Theft/stealing by agent – Whether money issued as imprest was given on behalf of a third party so as to create agency – Burden of proof and requirement to prove criminal intent beyond reasonable doubt.
* Evidence – Payment vouchers and application forms as determinative of to whom funds were issued.
* Interpretation of s.258(2)(e) Penal Code – Use of imprest and scope of ‘intent to use at will’ in relation to employer‑issued funds.
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2 November 1984 |
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Appeal by the applicant against conviction and three-year sentence for stealing public funds dismissed; credibility findings upheld.
Criminal law – theft by public servant – credibility of afterthought defence – requirement to account for public funds – sentence under Minimum Sentences Act.
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1 November 1984 |
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Reported
Criminal Law - Arson - Whether a previous quarrel and threat sufficient for conviction of the offence of arson. |
1 November 1984 |
| October 1984 |
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A murder conviction may rest on strong circumstantial evidence and the nature of fatal injuries demonstrating malice aforethought.
Criminal law – Murder – Circumstantial evidence – Whether circumstantial evidence alone can sustain a conviction for murder – Malice aforethought – Relevance of the nature of the wound inflicted – Standards for acquittal where reasonable doubt exists.
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31 October 1984 |
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Appellant’s implausible account failed to rebut unlawful-possession inference; conviction and sentence upheld.
Criminal law – unlawful possession of property suspected to be stolen – accused’s burden to account for possession – assessment of credibility and lack of corroboration – sentence not excessive.
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27 October 1984 |
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Recent unexplained possession of stolen goods and corroborated witness testimony upheld convictions and sentence.
Criminal law – circumstantial evidence – recent possession of stolen property – unexplained possession as sufficient to sustain conviction; Credibility – witness related to accused not automatically unreliable; Right to silence – absence of explanation supports inference of guilt; Sentence – minimum term upheld.
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27 October 1984 |
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Appellant’s burglary story disbelieved; evidence supported conviction for stealing by a public servant; appeal dismissed.
* Criminal law – Stealing by a public servant – Failure to account for collected public funds – Credibility of defence alleging burglary by unknown persons. * Evidence – Assessment of circumstantial evidence and absence of signs of forced entry in evaluating defence. * Sentencing – Concurrent custodial sentences at statutory minimum not disturbed on appeal.
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27 October 1984 |
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Conviction quashed where identification of stolen gowns was unreliable and exhibits were improperly handled.
Criminal law – Identification of stolen property – Chain of custody and custody of exhibits – Requirement for complainant to point out identification marks upon recovery – Exhibits tendered by complainant instead of investigating officer – Conviction unsafe where identification and handling defective.
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27 October 1984 |
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Applicant’s theft conviction quashed where circumstantial evidence failed to exclude an innocent explanation.
Criminal law – Theft – Circumstantial evidence – Must exclude every reasonable hypothesis of innocence – Clerk who counted goods after loading – Negligence in counting not proof of stealing.
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26 October 1984 |
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Whether possession and transfer of stolen medicines proved guilt and whether key-handling created reasonable doubt.
Criminal law – Theft by public servant – Sufficiency of evidence – Possession of stolen property shortly after theft; circumstantial evidence and chain of custody of keys – Credibility of custodial witnesses – Reasonable doubt.
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25 October 1984 |
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Whether carrying recently stolen goods and claiming to be ‘hired’ suffices to convict as participant in the theft.
* Criminal law – storebreaking and theft – sufficiency of evidence linking accused to theft when only found carrying stolen goods and claiming to have been hired.
* Evidence – identification of primary offender – effect on co-accused’s conviction.
* Possession of recently stolen property – whether possession plus statement of being ‘hired’ establishes guilt.
* Credibility – unproduced receipt claimed by primary accused and its evidentiary weight.
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25 October 1984 |
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Altering an original receipt and failing to account for received funds supported convictions for forgery and stealing; appeal dismissed.
Criminal law – Forgery: alteration of original receipt without altering duplicates; Criminal law – Theft: failure to account for money received; Evidence: records and unexplained shortfall support conviction; Sentence: concurrent imprisonment affirmed.
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25 October 1984 |
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Conviction on guilty plea upheld; sentencing under the Minimum Sentences Act was inappropriate because the appellant was a juvenile.
* Criminal law – office breaking and stealing – conviction on plea of guilty and admitted facts – appeal against conviction dismissed
* Sentencing – Minimum Sentences Act – does not apply to juveniles (persons under 18) – sentencing under Act held inappropriate where offender was under 18
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25 October 1984 |
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25 October 1984 |
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Appellant's forgery conviction affirmed; stealing counts reclassified as obtaining money by false pretences with minimum sentences imposed.
Criminal law – forgery upheld on evidence of altered passbook and fraudulent withdrawals; stealing versus obtaining money by false pretences; application of Minimum Sentences Act 1972 where funds belong to a specified authority; substitution of illegal sentences with statutory minima; concurrent sentencing.
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24 October 1984 |
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Conviction quashed where prosecution failed to prove theft beyond reasonable doubt and co-accused's uncorroborated evidence was unsafe.
* Criminal law – Theft – Requirement that prosecution prove theft beyond reasonable doubt; identification of recovered property. * Evidence – Co-accused testimony requires corroboration; uncorroborated accomplice evidence unsafe. * Evidence – Possession and identification of stolen property; prior co-residence insufficient to establish guilt. * Prosecution conduct – State Attorney declining to support conviction relevant to safety of verdict.
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24 October 1984 |
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Appellant’s bribe to a ward official proved by credible evidence; conviction and three-year sentence upheld.
* Criminal law – Corrupt transaction with an agent – Offering money as inducement to a public/ward official to release arrested persons – Sufficiency and credibility of witness evidence.
* Appeal – Afterthought denial in memorandum of appeal – Effect on trial findings.
* Evidence – Relevance of relationship between accused and arrested persons – Immaterial to bribery offence.
* Sentence – Three years’ imprisonment as statutory minimum affirmed.
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24 October 1984 |
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Appeal dismissed: unexplained absence of funds and documents proved theft; five-year sentence upheld.
Criminal law – Theft of public funds – Failure to account for entrusted monies – Sufficiency of documentary evidence and auditors' report – Audit duration and presence of officers not vitiating evidence – Sentence proportionality.
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24 October 1984 |
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Appellant's forgery and uttering convictions, based on altered registers and false membership cards, upheld; appeal dismissed.
* Criminal law – Forgery – Alteration of attendance register and issuance of membership cards to unqualified persons; * Criminal law – Uttering false documents – Issuing forged membership cards; * Evidence – Proof of knowledge/mens rea by registration despite absence from required course; * Sentence – Concurrent 18 months’ imprisonment upheld as not excessive.
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24 October 1984 |
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Appellant’s conviction for offering a bribe to a public agent upheld; defence rejected and appeal dismissed.
* Criminal law – Corrupt transaction with an agent – whether items (coconuts) constituted a bribe to influence a public official
* Evidence – credibility assessment of accused’s explanation versus prosecution witnesses
* Criminal procedure – sufficiency of proof beyond reasonable doubt to sustain conviction
* Sentencing – minimum statutory sentence not subject to successful challenge on appeal
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24 October 1984 |
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Appellant's theft-by-servant conviction and five-year sentence upheld on confession and receipt-book corroboration.
Criminal law – Theft by servant – Sufficiency of evidence – Voluntary confession corroborated by documentary proof (unauthorised receipt book) – Conspiracy to defraud employer – Sentence review; five-year concurrent terms upheld.
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23 October 1984 |
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An unequivocal guilty plea supported the conviction; although the sentence was high, reduction was declined as it had already been served.
* Criminal law – Plea of guilty – Whether an unequivocal plea and admitted facts justify conviction – Afterthoughts and allegations of inducement insufficient to vitiate plea.
* Sentencing – Whether sentence excessive – First offender and minor injury as mitigating factors – Court may decline to reduce sentence if already served.
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23 October 1984 |
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Appellant’s lost-key defence rejected; conviction for theft by agent and five-year sentence confirmed.
Criminal law – Theft by agent – Credibility assessment of accused’s explanation for missing key – Delay in reporting loss undermines defence – Confirmation of sentence.
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23 October 1984 |
| September 1984 |
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Appeal dismissed where medical age evidence showed appellants were adults and properly sentenced under the Minimum Sentence Act.
Criminal law – robbery with violence; Minimum Sentence Act – applicability to juveniles; age determination by medical report; legality of minimum sentence; appeal dismissed.
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1 September 1984 |
| July 1984 |
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Appeal over ownership of a shamba lacked merit and was dismissed with costs.
Appeal – ownership of land (shamba) – appellate review of lower-court record – unsupported allegations insufficient to overturn findings – appeal dismissed with costs.
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31 July 1984 |
| June 1984 |
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Evidence - Handwriting expert - Authorship of a piece of handwriting - Whether to be proved only by handwriting expert.
Criminal Law - Accused convicted and sentenced on both forgery and fraudulent false accounting - Illegal. |
23 June 1984 |
| January 1984 |
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False, malicious allegation that the applicant stole village funds constituted actionable defamation; appeal allowed.
Defamation — False allegation of theft and misappropriation of village funds — Malice/personal vendetta — Statements held defamatory — Primary Court’s award reinstated; District Court interference unjustified.
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1 January 1984 |