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Citation
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Judgment date
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| September 2025 |
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22 September 2025 |
| February 2003 |
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No prima facie case: prosecution failed to prove origin of fatal fire or criminal negligence; accused acquitted.
Criminal law – manslaughter by negligence – prima facie case under s.293(1) Criminal Procedure Act – burden on prosecution to prove origin and causation – cautioned statement and confession under Evidence Act – required proof of criminal negligence by sober and reasonable person – evidential necessity to call investigating officer and produce locus/sketch.
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19 February 2003 |
| December 2001 |
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Prosecution withdrew charges against two accused; the remaining accused pleaded guilty to manslaughter and was convicted and sentenced.
* Criminal law – Murder (c/s 196) — Plea bargaining/charge withdrawal — Nolle prosequi under s.91(1) and discharge of co-accused.
* Criminal law – Acceptance of plea to manslaughter (c/s 195) where factual basis exists; conviction on plea.
* Sentencing – Mitigation considered (youth, first offender, prolonged remand, provocation) weighed against disproportionate use of lethal force.
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11 December 2001 |
| April 1999 |
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Evidence did not establish grievous harm; proper charge was actual bodily harm, but three-year sentence and compensation upheld.
Criminal law – bodily harm – distinction between "grievous harm" (section 225) and "actual bodily harm" (section 241); sufficiency of injuries to meet grievous-harm definition; appellate/revisionary intervention in substitution of convictions and interference with sentence.
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16 April 1999 |
| June 1991 |
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Conviction upheld; housebreaking sentence increased to statutory five-year minimum due to value of stolen property.
Criminal law – confession and corroboration – possession of stolen property as corroborative evidence; Criminal procedure – right to call witnesses – adjournment granted and defendant declined to call witnesses; Sentencing – Minimum Sentences Act s.5(d) – mandatory five-year minimum where value of property exceeds statutory threshold; Appellate review – substitution of sentence.
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14 June 1991 |
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Circumstantial evidence, not misplaced reliance on recent possession, sustained the theft conviction; appeal dismissed.
Criminal law – theft – circumstantial evidence – recent possession doctrine – requirement that proved facts exclude all reasonable hypotheses of innocence – prosecution’s burden.
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14 June 1991 |
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Appellant's claim that village funds were lawfully spent lacked documentary proof; conviction and sentence affirmed.
Criminal law – stealing by servant (ss. 271 & 265 Penal Code) – evidential value of auditor’s report; admissibility and proof of documentary minutes; burden to produce receipts/payment vouchers to substantiate alleged lawful expenditure; assessment of credibility of accused’s defence.
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10 June 1991 |
| September 1990 |
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The court found the applicant failed to prove the marriage was irreparably broken and dismissed the appeal with costs.
* Family law – Divorce – irretrievable breakdown of marriage – sufficiency of evidence required to grant divorce under customary marriage.
* Procedural law – Reconciliation Board – findings not binding on the court; Board’s role is conciliatory and referential.
* Appellate procedure – new grounds of fact not raised at trial cannot be introduced on appeal.
* Marital obligations – denial of conjugal rights and conduct of spouse as relevant to divorce claims.
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1 September 1990 |
| January 1990 |
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Accused found legally insane at time of fatal assault; special finding made and detained as criminal lunatic.
Criminal law – Murder – Defence of insanity – Burden on accused to prove insanity on balance of probabilities – Role of psychiatric report and assessors – Special finding under s.219(2) & (3) Criminal Procedure Act 1985 – Detention as criminal lunatic and referral to Minister.
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26 January 1990 |
| June 1989 |
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Accused convicted of premeditated murder by poisoning; provocation rejected and sentenced to death by hanging.
Criminal law – Murder – Premeditation and administration of poison – Elements of intent and planning; Criminal law – Defence of provocation – applicability where alleged long-term adultery and refusal to attend rituals; Sentence – death by hanging as statutory punishment for murder under section 196 of the Penal Code.
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29 June 1989 |
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A registered Village Council must be sued for village matters; suing the chairman personally is improper; appeal dismissed.
* Local government – Village registration – Registered Village Council is a legal person – capacity to sue and be sued.
* Civil procedure – Proper party – Wrong party sued (village chairman instead of Village Council) – appeal dismissed for wrong party.
* Remedy – No costs where party wrongly sued after alleged misdirection by magistrate – permission to refile without fresh fees upon affidavit.
* Directions – Fresh suit to be tried by different magistrate and assessors; certified copy of judgment to be read in Primary Court.
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17 June 1989 |
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Cautioned statement upheld; self‑defence rejected and the accused convicted of murder and sentenced to death.
Criminal law — Murder (s.196 Penal Code); admissibility and weight of cautioned statement despite incomplete Police Force Ordinance/Criminal Procedure Act formalities; self‑defence; legal provocation; forensic and eyewitness corroboration.
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17 June 1989 |
| September 1987 |
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Conviction quashed where circumstantial evidence, witness inconsistencies and possible planting failed to prove guilt beyond reasonable doubt.
Criminal law — Burglary and theft — sufficiency of circumstantial evidence; identification of exhibits lacking special marks; possible planting of evidence; witness bias and inconsistent accounts undermining conviction.
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23 September 1987 |
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Appellate court set aside conviction because it relied on an uncorroborated co-accused confession and inconclusive corroboration.
Criminal law – Conviction unsafe where based primarily on an uncorroborated confession of a co-accused; corroboration by possession of keys insufficient if inconclusive; duty to assess and accept bona fide alibi evidence.
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19 September 1987 |
| June 1987 |
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Appellate court will not overturn trial court credibility findings absent clear error or disqualification.
Land dispute; credibility of witnesses; appellate deference to trial court findings; locus in quo inspection; standard for disturbing factual findings on appeal.
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19 June 1987 |
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Appellant's claim for damages from road obstruction dismissed for lack of basic evidentiary proof.
Civil appeal — sufficiency of evidence — damages for alleged obstruction of road — failure to call vehicle owner/driver, identify vehicle, or produce receipts — Primary Court's judgment unsupported by evidence.
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11 June 1987 |