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Citation
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Judgment date
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| December 2014 |
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A repudiated cautioned confession uncorroborated by independent evidence cannot safely ground convictions on circumstantial proof.
Criminal law – murder – proof beyond reasonable doubt – repudiated cautioned confession requires corroboration – circumstantial evidence must exclude all reasonable hypotheses of innocence – PMRs admissible for forensic findings but extraneous opinions to be expunged – witness credibility and minor discrepancies.
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30 December 2014 |
| November 2014 |
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Leave to appeal refused where amended ground was procedurally improper and the intended appeal lacked prima facie merit.
Leave to appeal — requirement of prima facie merit for leave under s.5(1)(c) AJA; Civil procedure — appellant cannot unilaterally amend grounds of appeal (Order XXXIX r.3 CPC); Appeal procedure — striking out amended sole ground and dismissal for want of prosecution.
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26 November 2014 |
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Reported
District Court's mischaracterisation of an extension application and failure to hear parties warranted quashing and remittal.
Family law – matrimonial proceedings – application for extension of time to file appeal; Civil procedure – misconstruction of application as appeal; Natural justice – right to be heard (Article 13(6)(a)) and audi alteram partem; Procedural irregularities vitiating judgment; Remittal for rehearing before competent magistrate.
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24 November 2014 |
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Statutory rape conviction upheld despite PF3 expunged; victim's testimony sufficiently proved penetration.
* Criminal law — Rape: penetration is an essential ingredient; words like "carnal knowledge" or "had sex" may suffice to prove penetration.
* Evidence — Medical report (PF3): section 240(3) CPA mandates informing accused of right to summon/examine maker; non-compliance requires expunging the report.
* Evidence — Child witness: evidence taken without voire dire is unreliable and may be excluded.
* Sentencing — Statutory minimum sentence upheld where conviction is sustained on remaining evidence.
* Procedure — Alleged non-compliance with section 312(1) noted but did not overturn conviction on merits.
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20 November 2014 |
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Prosecution without mandatory DPP sanction and other admission errors vitiated conviction, warranting quashing and release.
Criminal law — jurisdiction — mandatory DPP sanction for prosecution of incest (s162 Penal Code) — failure vitiates proceedings; Evidence — cautioned statement must be tendered only after asking accused if he objects; PF3/medical report — compliance with s240(3) Criminal Procedure Act mandatory; Child witnesses — voir dire and recorded findings required under s127(2) Evidence Act; Retrial — discretionary, may be refused where interest of justice disfavors it.
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20 November 2014 |
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Defective particulars and unlawful omnibus sentence: first count unproved, second proved, appellant ordered released.
* Criminal law – Witchcraft Act ss.4(a), 5(1) – particulars must plead requisite intent; failure renders charge defective.
* Criminal evidence – discrepancies between victim and other witnesses on essential facts may raise reasonable doubt and defeat conviction.
* Witnesses – testimony of relatives is admissible and may sustain conviction if credible.
* Sentencing – omnibus sentences are unlawful; subordinate courts limited by s.170(1)(a) CPA to custody not exceeding five years.
* Remedy – where conviction or sentence is tainted but appellant has served substantial custody, court may order release instead of retrial.
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20 November 2014 |
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Conviction based on unreliable visual identification and a pointless identification parade quashed; appellant ordered released.
* Criminal law – identification evidence – visual identification is weak and requires exclusion of all possibilities of mistaken identity by reference to surrounding circumstances (Waziri Amani and subsequent authorities).
* Identification parade – of no evidential value where witnesses already know the person to be identified.
* Familiarity – familiarity alone does not dispel risk of mistaken identification.
* Admissibility – cautioned statement admitted without proper procedure; not relied upon for conviction.
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20 November 2014 |
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Failure to record conviction before sentencing and weak, improperly admitted evidence rendered the trial judgment a nullity.
Criminal procedure – necessity to record conviction before sentence (s.235(1) CPA) – noncompliance renders judgment nullity; Evidence – bad character and hearsay insufficient to convict; Medical report (PF3) – requirement to inform accused of right to summon medical officer (s.240(3) CPA); Failure to call material eyewitnesses – adverse inference; Proper sequence at sentencing – conviction, prosecution’s previous record, mitigation, sentence.
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20 November 2014 |
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Failure to record conviction and unlawful admission of evidence vitiated the applicant’s trial, leading to expungement and release.
Criminal procedure — Evidence — Child witness voire dire under s.127(2) Evidence Act — competency and duty to speak truth; Criminal Procedure Act s.240(3) — right to call medical officer when PF3 tendered — mandatory compliance; cautioned/confessional statement — duty to conduct inquiry (trial‑within‑a‑trial) before admission; Criminal Procedure Act s.235(1) — requirement to record conviction before sentence — failure vitiates judgment; retrial vs release where procedural defects are incurable.
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20 November 2014 |
| October 2014 |
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Reported
Second appellant's conviction quashed because it rested solely on co-accused confessions without independent corroboration.
* Criminal law – Armed robbery – convictions based on cautioned statements; voluntariness inquiries and timing of objections to exhibits. * Evidence – Confession by co-accused – requirement for independent corroboration (s.33(2) Evidence Act). * Evidence – Inducement to confess (s.29 Evidence Act) – court may act on confession if satisfied of its truth. * Identification – visual ID at night less critical where reliable confession exists.
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14 October 2014 |
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Conviction based solely on a co-accused's confession requires independent corroboration; cautioned confessions may suffice if proven true.
* Criminal law – Evidence – Confession by co-accused – conviction not to be based solely on such confession; independent corroboration required. * Evidence – Cautioned statements – voluntariness inquiry and admissibility – court may convict on confession if satisfied it is true. * Identification – visual ID at night less decisive where reliable confession exists. * Statutory and case law: Evidence Act provisions and authorities on confessions and corroboration.
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8 October 2014 |
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Possession of recently stolen property and an admitted cautioned statement upheld conviction; sentence affirmed.
* Criminal law – Theft – Evidence – Recent possession of stolen property as presumptive evidence of guilt; identification and recovery of exhibit. * Evidence – Admissibility and weight of cautioned/confessional statements admitted without objection. * Sentencing – Trial court discretion; appellate interference only where discretion misapplied or illegal.
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8 October 2014 |
| September 2014 |
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Appellant failed to rebut respondent’s proof of long possession; respondent established title by adverse possession on the balance of probabilities.
Land law – possession and title – adverse possession – long cultivation and village allocation as basis for title; Evidence – burden of proof s.110 Law of Evidence Act – plaintiff must prove ownership on balance of probabilities; Civil procedure – non‑party purchaser (tree buyer) not shown to have ownership interest.
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29 September 2014 |
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The respondent's malicious-prosecution claim was time-barred, special damages unproven, and reporting to police is qualifiedly privileged.
Limitation — accrual of cause of action on date of acquittal; Malicious prosecution — elements (prosecution, termination in favour, absence of reasonable/probable cause, malice, damages); Qualified privilege — information to police to detect crime protected; Special damages — must be specifically pleaded and strictly proved; Joinder — administrator properly joined after amendment.
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8 September 2014 |
| August 2014 |
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Victim and eyewitness testimony can suffice to prove rape; absence of medical evidence or late fabrication allegations do not automatically vitiate conviction.
Criminal law — Rape — Victim and eyewitness testimony as primary evidence — Lack of medical evidence not necessarily fatal — Court record presumed accurate — Afterthought allegations of fabrication inadmissible on appeal.
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27 August 2014 |
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Appeal filed out of time; court record preferred over appellant's contrary claim; out-of-time appeals must be dismissed, not struck out.
Criminal procedure – appeal time limits – appeals to District Court must be filed within thirty days of trial court judgment – presumption of correctness of court records – failure to seek extension or use statutory procedures – consequence is dismissal under Law of Limitation, not striking out.
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27 August 2014 |
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Reported
Failure to file an appeal within thirty days without seeking extension renders the appeal incompetent and must be dismissed.
Criminal procedure – appeal from primary court to district court – time limit for filing appeals (s.20(3), Magistrates' Courts Act) – extension of time and oral grounds (s.20(4)(b)) – presumption of accuracy of court records – dismissal vs striking out – Law of Limitation.
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27 August 2014 |
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Preliminary hearing admissions and wrongly admitted cautioned statements rendered the trial procedure unfair and procedurally defective.
Criminal procedure – Preliminary hearing under s.192 CPA – effect of admissions at PH vis-à-vis prior not guilty plea – whether admissions equal confessions under s.28 Evidence Act – admissibility of disputed cautioned statements – procedural fairness and consequences of trial irregularities.
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27 August 2014 |
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Failure to convict before sentencing and imposing an omnibus sentence renders the trial judgment a nullity.
Criminal procedure – conviction must precede sentence (s.235(1) CPA) – mandatory nature of "shall"; omnibus sentence unlawful – need to specify count for each sentence; child witness evidence – voir dire requirement and consequences of non‑compliance; procedural irregularities rendering judgment a nullity.
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12 August 2014 |
| June 2014 |
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Non-payment of compensation does not extinguish deemed occupancy; compensation (as at declaration date) must be paid before valid title passes.
Land law – Deemed right of occupancy – Effect of non-payment of compensation when land declared a planning area – Allocation and validity of title; Compensation – measure and valuation date; Unexhausted improvements – entitlement limited to improvements existing at declaration date; Procedural compliance with survey and compensation regulations.
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17 June 2014 |
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The applicant's High Court appeal was struck out for failing to exhaust remedies at the District Land and Housing Tribunal.
Land law — Appeal competency — Requirement to exhaust remedies at the District Land and Housing Tribunal before appealing to the High Court — Procedure to set aside ex parte Ward Tribunal judgments (Regulation 23(4)) — Time limits under section 38 of the Land Disputes Courts Act (point not determined).
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16 June 2014 |
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Accused proved to have killed the deceased, but possible intoxication negated malice and reduced the offence to manslaughter.
Criminal law – homicide – eyewitness evidence and single‑witness conviction; insanity and burden of proof; voluntary intoxication (bhang) and effect on mens rea – reduction of murder to manslaughter; reliance on psychiatric expert evidence.
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6 June 2014 |
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Cautioned statement wrongly admitted and expunged; convictions upheld on independent search evidence; sentence reduced to lawful fine and made concurrent.
Criminal law – admissibility of cautioned statements – voluntariness challenged requires trial-within-a-trial; failure to conduct inquiry is fundamental irregularity and necessitates expungement; corroboration and credibility of police/park-ranger witnesses; sentencing limits under the Arms and Ammunition Act – fines cannot exceed statutory maximum; concurrent sentencing for offences in same transaction.
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6 June 2014 |
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Conviction for unlawful possession of government trophies quashed for lack of proof and non-calling of a material witness.
Wildlife offences – unlawful possession of government trophies – proof beyond reasonable doubt; non-calling of material witness (lorry driver) – adverse inference; suspicion insufficient for conviction.
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6 June 2014 |
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Appeal dismissed; conviction for rape upheld; sentence enhanced with corporal punishment and TShs.500,000 compensation ordered.
* Criminal law – Rape – Evidence of child victim – voir dire under s.127(2) Evidence Act to determine competence – slight penetration sufficient to prove sexual intercourse. * Corroboration – police arrest and medical PF3 corroborate victim's account. * Sentencing – mandatory elements under s.130(1) Penal Code (corporal punishment and compensation) must be imposed; appellate court may enhance sentence to comply.
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2 June 2014 |
| May 2014 |
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Theft conviction cannot rest on suspicion or loss from accused's custody; prosecution must prove actus reus and mens rea.
Criminal law – Theft – Proof required of actus reus (asportation) and mens rea (animus furandi) – Possession loss does not establish guilt – Res ipsa loquitur inapplicable – Suspicion insufficient for conviction.
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30 May 2014 |
| April 2014 |
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Failure to convict before sentencing and issuing an omnibus sentence rendered the judgment and sentence null and void.
Criminal procedure – mandatory formal conviction before sentence (s235(1) CPA); omnibus sentence unlawful; evidential sufficiency – possession of suspected proceeds insufficient for conviction; retrial discretionary where evidence weak.
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30 April 2014 |
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Passing sentence without formal conviction and imposing an omnibus sentence are unlawful; mere suspicion cannot sustain robbery conviction.
* Criminal procedure – conviction must precede sentence – section 235(1) Criminal Procedure Act – failure renders judgment nullity. * Evidence – mere suspicion and possession of cash insufficient to prove armed robbery beyond reasonable doubt. * Sentencing – omnibus sentence unlawful; separate sentences per count or express order for concurrency required. * Remedy – quashing judgment and setting aside sentence; no retrial where evidence is insufficient.
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30 April 2014 |
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An alibi not notified under s.194 may be disregarded; being caught red‑handed establishes identity and supports conviction.
* Criminal law – alibi – requirements of section 194 Criminal Procedure Act – prior notice and particulars; court's discretion under s.194(6) to accord no weight to late alibi. * Evidence – caught red-handed at locus in quo – identity of accused and stolen items; minor discrepancies in witness statements not fatal. * Burden of proof – prosecution must prove guilt beyond reasonable doubt; satisfied where accused apprehended with recently stolen property.
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30 April 2014 |
| March 2014 |
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Applicant failed to prove threats or sufficient reasons to stay execution; s.36 was improperly invoked, appeal dismissed with costs.
* Land law – procedure – stay of execution – sufficiency of reasons for non-appearance and proof of threats to justify stay.
* Civil procedure – dismissal for want of prosecution – remedy to set aside dismissal and restore appeal.
* Statutory interpretation – section 36 Land Disputes Courts Act – revision jurisdiction relates to Ward Tribunal records, not revision of a District Tribunal's own decision.
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18 March 2014 |
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Court held notice of appeal timely where recorded filing date fell on a dies non and doubt was resolved for the appellant.
* Criminal procedure – Appeals from subordinate courts – Requirement under s.361(1)(a) CPA to give notice of intention to appeal within ten days – mandatory time limit.
* Computation of time – effect of dies non (court closed day) on filing deadlines – s.19(6) and judicial notice of calendar.
* Procedural fairness – resolving factual uncertainty over filing dates in favour of appellant where recorded date is impossible.
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12 March 2014 |
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Custodial sentence set aside where medical PF3 was improperly relied upon and age-doubt resolved for the appellant.
Criminal law – age determination of accused; weight of parental testimony versus medical report; section 240(3) CPA non-compliance renders medical report inadmissible; trial magistrate impartiality; sentencing of young persons under the Children and Young Persons Act – imprisonment only if no other method suitable.
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12 March 2014 |
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Reported
PF3 inadmissible without s.240(3) CPA compliance; age doubt resolved for accused, custodial sentence set aside and release ordered.
Criminal law – age of accused – conflict between parental testimony and medical report – mandatory compliance with s.240(3) CPA before acting on medical report – benefit of doubt to accused – sentencing of young persons under Children and Young Persons Act; inadmissibility/expungement of PF3 if author not made available for cross-examination.
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12 March 2014 |
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Failure to record a conviction before sentencing under s235(1) CPA renders the judgment a nullity.
Criminal procedure — s235(1) CPA — requirement to record a conviction before passing sentence — non‑compliance renders judgment a nullity; incurable irregularity; remedy — quash judgment and set aside sentence where retrial inappropriate.
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12 March 2014 |
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Failure to appeal a District Land and Housing Tribunal decision bars collateral challenges to a subsequent auction sale; appeal dismissed with costs.
* Land law – jurisdiction of Ward Tribunal – limits on Ward Tribunal sitting as appellate or supervisory body over other tribunals.
* Civil procedure – remedies – requirement to appeal District Land and Housing Tribunal decisions to High Court rather than collateral challenges.
* Sale by public auction – attachment and sale following decretal order – protection of innocent purchasers.
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4 March 2014 |
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A nolle prosequi by the DPP discharges both the accused and the surety from bail bond obligations.
* Criminal procedure – DPP’s nolle prosequi – Effect on accused’s discharge and recognisances under s.91(1) CPA – Surety liability and bail bond forfeiture – Proper prosecutorial procedure when accused absconds.
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3 March 2014 |
| February 2014 |
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A bona fide claim to land does not justify intentionally destroying another person's developments; appeal dismissed.
Criminal law – Malicious injury to property (s.326 Penal Code); Defence of bona fide claim of right (s.9 Penal Code) — claim of allocation does not justify intentional destruction of another's developments; evidence of intention and excess of claimed right defeats the defence; land ownership disputes to be resolved in civil proceedings.
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24 February 2014 |
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A bona fide claim to land does not excuse destroying another's developments and irrigation equipment; appeal dismissed.
Criminal law — Malicious injury to property (s.326 Penal Code) — Defence of bona fide claim of right (s.9 Penal Code) — Allocation of land versus prior occupation and improvements — Destruction of irrigation equipment and developments — Appeal against conviction.
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24 February 2014 |
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Court grants temporary injunction preventing respondents entering disputed land due to threats and erosion risk.
* Civil procedure — Temporary injunction — Application under Order XXXVII r.1(1) & s.95 CPC — Requirements for interlocutory relief: preservation of peace and protection of subject matter.
* Evidence — Sufficiency of affidavit allegations of attacks on officers and risk of soil erosion to justify interim relief.
* Procedure — Unacceptable reliance on vague phrase "any other enabling provisions of law"; applicants must cite specific enabling provisions.
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17 February 2014 |
| January 2014 |
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Failure to hold a preliminary hearing after joinder is not automatically fatal; sufficiency of circumstantial evidence determines conviction validity.
* Criminal procedure – Preliminary hearing – Non‑compliance with s.192 and joinder – omission not automatically fatal; depends on whether failure causes failure of justice. * Evidence – Circumstantial evidence and chain of events – sufficiency to sustain conviction for cattle theft. * Plea-taking – requirement for recording plea and effect of absence on trial validity.
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29 January 2014 |
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Court upheld visual-identification evidence under portable-lamp illumination; procedural joinder irregularity for second appellant was raised.
* Criminal law – Visual identification – reliability where identification occurred at night under illumination by a three-battery Chinese lamp during a prolonged struggle.
* Criminal procedure – joinder of accused after trial commencement – whether failure to read charge and take plea vitiates trial of the later-joined accused.
* Evidence – witnesses naming suspects during commotion – probative value for identity.
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16 January 2014 |