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Citation
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Judgment date
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| November 1979 |
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Appellant's unexplained absence and late adjournment requests warranted dismissal of appeal and costs to respondent.
Civil procedure – dismissal for non-appearance; adjournment requests and scheduling by consent; costs awarded for failure to prosecute appeal.
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2 November 1979 |
| October 1979 |
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Affidavits sworn before an advocate acting as Commissioner for Oaths are invalid; deportation order text may be examined though drafting defects need not void it.
* Constitutional and administrative law – Deportation Ordinance (Cap. 38) – scope of judicial review of presidential deportation orders; text may be examined though substantive decision unappealable. * Evidence and procedure – Commissioner for Oaths – section banning Commissioners from acting where they are advocate – affidavits improperly attested are invalid and must be struck out. * Statutory interpretation – drafting defects in executive warrants – clerical/drafting errors may be curable and not automatically vitiate orders. * Human rights – unlawful pre-warrant arrests condemned.
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6 October 1979 |
| September 1979 |
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The accused convicted of murder; intent inferred from stabbing a vital part, and death sentence imposed.
Criminal law – Murder – Intent inferred from use of knife on vital part (chest) – Self‑defence claim rejected – Identification and eyewitness credibility – Conviction and death sentence under Section 196 Penal Code.
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21 September 1979 |
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Appellate court reduced a custodial sentence as excessive for a 70-year-old first offender with ill-health.
* Criminal law – Sentencing – Judicial discretion in sentencing and grounds for appellate interference where sentence is manifestly excessive or the sentencing court misdirects itself.
* Sentencing – Consideration of advanced age, first-offender status and ill-health in determining appropriateness of custodial versus non-custodial punishments.
* Criminal law – Attempted unnatural offence – sentencing principles where attempt caused no physical harm.
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15 September 1979 |
| May 1979 |
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Court upheld convictions for forgery and theft, finding appellants altered cash-sale receipts to obtain goods.
* Criminal law – Forgery – alteration of cash-sale receipts to show incorrect quantity of goods.
* Theft and stealing by servant – delivery of goods in excess of paid quantity; liability where employee aids alteration.
* Evidence – credibility of documentary records (cashier's book) and attendant testimony outweighing accused's account.
* Sentencing – application of Minimum Sentences Act (s.5(d)) where value of stolen property exceeds statutory threshold.
* Remedies – compensation orders enforced immediately.
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21 May 1979 |
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First appellant’s theft conviction affirmed on identification and recent possession; second appellant’s conviction quashed for insufficient evidence.
* Criminal law – cattle theft – identification of accused – evidence of witnesses who knew accused well.* Criminal law – doctrine of recent possession – presumption against person found in recent possession of stolen property without reasonable explanation.* Evidence – sufficiency – mere suspicion of a herdsman tending a large herd insufficient to ground conviction.* Sentencing – Minimum Sentences Act 1972 – statutory minimum upheld.
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18 May 1979 |
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Conviction quashed where prosecution failed to prove stealing by servant; evidential deficiencies warranted release.
Criminal law – Stealing by servant – Sufficiency of evidence – Prima facie case – Reporting of loss and absence of signs of forced entry – Evidence found elsewhere may not prove conversion by accused.
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18 May 1979 |
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Conviction quashed where facts did not show agent status required for corrupt transaction under statute.
Criminal law – Corrupt transaction (s.3(2) Prevention of Corruption Act) – Essential element of agency – Plea of guilty insufficient where facts do not disclose statutory offence.
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18 May 1979 |
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Appellate court quashed stabbing conviction due to unreliable prosecution witnesses and an improbable alibi.
* Criminal law – Appeal – Credibility of alibi – alibi found improbable where alibi witness could not recall relevant events.
* Criminal law – Evidence – Witness reliability – material inconsistencies and apparent concealment by witnesses undermine prosecution case.
* Criminal law – Procedure – Failure to call material witness present at scene weakens prosecution and affects safety of conviction.
* Criminal law – Conviction unsafe – appellate court quashed conviction and set aside sentence.
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18 May 1979 |
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The appellant’s dangerous-driving conviction and sentence upheld; disqualification set aside for failure to afford show-cause opportunity.
Road Traffic Act – dangerous driving causing death – objective test of dangerousness; evidence of speed and absence of skid marks; sentencing; procedural requirement under s.27 – opportunity to show cause before disqualification.
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17 May 1979 |
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Fingerprint match plus possession of identified stolen property upheld conviction; sentence reduced to minimum as appellant treated a first offender.
Criminal law – Burglary and theft – Fingerprint identification – admissibility and uniqueness – Identification of exhibits by unique mark – Possession of stolen property as corroboration – Sentencing error in treating contemporaneous convictions as previous – Minimum Sentences Act 1972 – concurrent sentences.
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17 May 1979 |
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Intent is required for grievous harm; accidental injury during lawful corporal punishment does not sustain conviction.
Criminal law – Grievous harm (s.225 Penal Code) – Requirement of intention – Interaction with s.10 (accident) – Presumption of intent rebuttable; Corporal punishment regulations – permitted strikes to hands/buttocks – striking eye prohibited; Negligence insufficient for s.225, civil or alternative negligent offence may arise.
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17 May 1979 |
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Conviction and sentence for theft by a public servant upheld; compensation order set aside for failure to determine actual value.
* Criminal law – Theft by public servant – Custody of government trophies – Evidence of witness observations and appellant's conduct as proof of theft.
* Evidence – Confession – Trial-within-a-trial – Voluntariness and admissibility of confession.
* Remedy – Forfeiture and compensation – Requirement to ascertain actual value of stolen property before ordering compensation.
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17 May 1979 |
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Appeal dismissed: evidence supported aiding and abetting obtaining money by false pretences; procedural irregularity cured; mandatory sentence upheld.
* Criminal law – Obtaining money by false pretences – elements – fraudulent opening of bank account and withdrawal of funds.
* Criminal procedure – Section 206 CPC – accused’s right to make election to give evidence or make a statement; counsel speaking for accused.
* Criminal procedure – Section 346 CPC – curative provision for irregularities where accused was represented by counsel.
* Liability – aiding and abetting – instigation of fraudulent device and knowledge of unentitled recipient.
* Sentencing – Minimum Sentences Act, 1972 – mandatory custodial term and mandatory compensation.
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17 May 1979 |
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Owner’s bare identification suffices if undisputed; breaking-and-stealing as one offence curable, three-year minimum sentence upheld.
Criminal law – possession of stolen property – owner’s bare identification sufficient where ownership not disputed; Single offence – breaking into a building and committing a felony (s.296(1)) – improper to charge as two separate counts but irregularity curable under s.346 Criminal Procedure Code; Sentencing – appellate court cannot reduce statutory minimum sentence under Minimum Sentences Act, 1972.
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16 May 1979 |
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Possession of recently stolen goods without reasonable explanation sustains conviction for receiving stolen property; sentences adjusted under Minimum Sentences Act.
Criminal law – Receiving stolen property (s.311(1)) – Identification of stolen goods – Recent possession doctrine – Burglary and theft – Minimum Sentences Act 1972 – sentencing adjustment for prior conviction.
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16 May 1979 |
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Whether the applicant offered a bribe to secure relatives' release; conviction and sentence upheld.
* Criminal law – corrupt transaction with an agent – offer of money to police to secure release of arrested relatives – proof by witness credibility.
* Evidence – assessment of witness credibility – family interest and caution in evaluating testimony.
* Procedure – alleged hostile witness and improper treatment on appeal – appellate review of credibility findings.
* Sentencing – application of statutory minimum sentence under the Minimum Sentences Act, 1972.
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16 May 1979 |
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Appellant properly convicted for cattle theft on recent possession and admission; mandatory five-year sentence upheld.
Criminal law – Cattle theft – Recent possession doctrine – Admission to police and corroborative witness evidence – Mandatory minimum sentence under the Minimum Sentences Act, 1972.
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16 May 1979 |
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Conviction for robbery quashed where single-witness identification in poor light and uncorroborated confession left reasonable doubt.
Criminal law – Robbery with violence – Identification by single eyewitness in poor light – caution required; Uncorroborated confession; conviction not proved beyond reasonable doubt; appellate quashing of conviction.
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16 May 1979 |
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Failure to comply with section 130 rendered spouses' testimony inadmissible; possession of stolen items proved but guilt not established beyond reasonable doubt.
* Evidence Act (s.130) – spouse as witness – procedural safeguards and inadmissibility where subsection (2) not complied with.
* Criminal law – possession and identification of stolen property – proof by distinctive marks and admission.
* Circumstantial evidence – time lapse and limited recovery may weaken proof of perpetration or receipt beyond reasonable doubt.
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16 May 1979 |
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Tampering with a store door constituted an attempt to break into a dwelling; conviction and minimum sentence upheld.
Criminal law – Attempted housebreaking – acts must go beyond mere preparation and be immediately connected to offence; evidence of tampering (scratches, loosened screws, screwdriver) sufficient; store forming part of dwelling – charge proper; Minimum Sentences Act – mandatory minimum sentence upheld.
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15 May 1979 |
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Possession of multiple stolen cattle raised a presumption of guilt, but a probable innocent explanation rebutted conviction.
* Criminal law – theft – identification of stolen property – adequacy of identification of hides and live animals at trial. * Criminal law – recent possession – two months’ delay held sufficiently recent where multiple stolen animals found. * Evidence – accused need only give a probable innocent explanation to rebut presumption from recent possession. * Penal Code s.311(1) – receiving stolen property – requires proof defendant knew property was stolen. * Credibility – lapse of time and witness memory inconsistencies not necessarily fatal to accused’s defence.
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15 May 1979 |
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Conviction quashed where sole incriminating evidence came from an acquitted co-accused and unreliable witnesses.
Criminal law — Cattle theft — Conviction based solely on testimony of an acquitted co-accused and suspect witnesses — Appellate scrutiny of witness credibility — Unreliable/un corroborated evidence cannot sustain conviction.
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15 May 1979 |
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Appellate court quashed convictions where prosecution failed to identify property or establish a prima facie case; trial magistrate erred.
Criminal procedure – sufficiency of prosecution case at close of evidence – sections 205 and 206 Criminal Procedure Code – requirement to determine prima facie case before calling accused to answer; Evidence – possession of suspected stolen goods – need for proof of ownership/identification and clear locus; Trial conduct – improper ‘fishing’ for incriminating explanations by calling accused to explain.
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15 May 1979 |
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Conviction based on uncorroborated evidence of interested witnesses and inconsistent exhibits was held unsafe and quashed.
* Criminal law – store‑breaking and stealing – conviction based on testimony of interested witnesses – need for caution and independent corroboration.
* Evidence – unexplained discrepancies in exhibits (missing tins, absent bag of powdered milk) – effect on safety of conviction.
* Appeal – unsafe conviction – quashing of conviction and setting aside sentence.
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15 May 1979 |
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Appellate court upheld cattle‑theft conviction where independent corroboration supported the prosecution; mandatory minimum sentence affirmed.
Criminal law – Cattle theft – conviction upheld where independent witness corroborated suspects' evidence; corroboration of accomplice/participant evidence required; Minimum Sentences Act 1972 – mandatory five‑year sentence.
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15 May 1979 |
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Fingerprint expert evidence upheld convictions; subordinate court exceeded sentencing powers, leading to reduced sentences.
Criminal law – burglary and theft – identification of stolen property – insufficiency of mere long-term use identification; fingerprint evidence and expert reports – proof of identity; sentencing – application of Minimum Sentences Act and effect of prior convictions; subordinate court sentencing limits – illegality of sentence exceeding statutory maximum.
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14 May 1979 |
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Convictions upheld; sentences reduced and appellants released due to juvenility and misapplication of the Minimum Sentences Act.
Criminal law – store‑breaking and stealing – evidence supports conviction where stolen goods found in accused’s room; appellate afterthoughts inadmissible when accused remained silent at trial; sentencing – juveniles and section 38 Penal Code discharge; Minimum Sentences Act 1972 inapplicable where age in doubt; sentencing discretion and mitigation in famine contexts.
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14 May 1979 |
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Convictions quashed because the district price officer lacked a gazetted delegation to control prices.
* Criminal law – price regulation – Regulation of Prices Act No.19 of 1973, ss.20, 26 and s.10(5) – delegation of authority to district Assistant Price Commissioner must be gazetted. * Plea – adequacy of particulars – use of term "Internal Meat" vs specific internal organs. * Conviction – invalid where enforcing officer lacks legally delegated power.
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14 May 1979 |
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Conviction quashed where prosecution failed to prove alleged stolen items were found in the appellant's possession.
Criminal law – Burglary and theft – Identification of exhibits and chain of custody – Failure to show seized items to the search witness – Insufficient evidence makes conviction unsafe – Appeal succeeds; convictions quashed.
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14 May 1979 |
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Alibi contradicted and identification upheld; conviction and mandatory seven-year sentence for robbery affirmed.
* Criminal law – robbery with violence – evidence of identification – reliability where witness knew accused and led militia to accused's lodging. * Criminal procedure – alibi – contradiction by lodging witness undermines alibi. * Sentencing – Minimum Sentences Act 1972 – mandatory minimum sentence upheld. * Appeal – appellate review of conviction and mandatory sentence.
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11 May 1979 |
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Expert veterinary opinion and consistent circumstantial evidence upheld a cattle-theft conviction; weak night-time identification rendered a motorcycle-theft conviction unsafe.
* Criminal law – theft – cattle theft – admissibility of expert opinion based on practical veterinary training – identification of hide as bull versus heifer – circumstantial evidence (hoof marks, blood, remains) establishing identity of stolen animal and thief.
* Criminal law – identification evidence – single witness at night – risk of unsafe conviction where witness did not see the act – inadequate corroboration by indistinct exhibits – conviction quashed as unsafe.
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11 May 1979 |
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Appellant’s conviction quashed where inconsistent prosecution evidence rendered the conviction unsafe.
Criminal law – Theft (Penal Code ss. 265, 268) – Inconsistent witness statements – Unsafe conviction – Appeal; Minimum Sentences Act – sentence set aside.
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10 May 1979 |
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Appellant found in recent possession of stolen cow; identification credible and conviction and mandatory five‑year sentence upheld.
Criminal law – Theft – Identification evidence from search party – Person found with recently stolen property – Doctrine of recent possession – Silence at trial – Minimum Sentences Act, 1972.
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10 May 1979 |
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The appellant who led searchers to a recovered stolen cow was properly convicted and the five‑year statutory minimum sentence was upheld.
* Criminal law – cattle theft – voluntariness to lead searchers to recovered property – credibility of witnesses; * Criminal procedure – appeal against conviction where appellant absent; * Sentencing – application of Minimum Sentences Act 1972, statutory minimum upheld.
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10 May 1979 |
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Recent possession of stolen property without reasonable explanation supports conviction under the doctrine of recent possession.
* Criminal law – Burglary and stealing – Identification of stolen property by receipt – Possession shortly after burglary. * Doctrine of recent possession – Onus to give reasonable explanation to rebut presumption of guilt. * Evidence – Conflicting statements and fabricated witness undermine defence. * Sentencing – Minimum Sentences Act prevents reduction of prescribed minimum term.
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9 May 1979 |
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Burglary convictions quashed; substituted conviction for receiving stolen property with three-year minimum sentence under the Minimum Sentences Act.
* Criminal law – burglary and theft – identification of stolen goods – lapse of time between theft and recovery and inferences as to culprit.
* Criminal law – receiving stolen property (s.311(1) Penal Code) – inconsistent explanations as evidence of guilty knowledge.
* Sentencing – Minimum Sentences Act, 1972 – application to receivers of property originating from scheduled offences irrespective of knowledge.
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9 May 1979 |
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Recent possession of uniquely identifiable stolen goods, without credible explanation, sustains conviction for shopbreaking and stealing.
* Criminal law – shopbreaking and stealing – identification of stolen goods by owner’s unique design; * Recent possession doctrine – presumption of guilt absent reasonable explanation; * Evidence – failure to produce documentary receipt undermines defence; * Sentencing – minimum sentence under Minimum Sentences Act 1972 upheld.
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9 May 1979 |
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Theft by public servant proved on missing accounting entries; conviction upheld, sentence reduced; separate guilty-plea appeal summarily rejected.
* Criminal law – Theft by public servant – custody of receipt books and keys – failure to enter receipts in RCCBs and to bank funds – inference of misappropriation.
* Evidence – role of subordinate collectors – credibility and corroboration by pink receipt copies and custody of records.
* Proof – unsigned payroll entries not conclusive proof of non-payment; prosecution should call alleged payees.
* Sentencing – Minimum Sentences Act applicability; appellate reduction of sentence from six to five years.
* Procedure – summary rejection of appeal under section 317 where guilty plea and prosecution facts disclose all ingredients.
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8 May 1979 |
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Appeal summarily rejected: sufficient evidence supported convictions for receiving stolen government property and possession of Part I poisons.
Criminal law – conviction for receiving stolen government property and possession of Part I poisons – sufficiency of evidence; defence credibility; attempted flight as adverse inference; Minimum Sentences Act (1972) – statutory minimum sentence; summary rejection under s.317 Criminal Procedure Code.
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8 May 1979 |
| April 1979 |
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Appellate court reduced fine and driving disqualification where the applicant’s employment and clean driving record justified mitigation.
* Criminal law – Sentencing – Careless driving – appellate reduction of sentence for mitigation not placed before trial magistrate (employment dependence, long clean driving record, financial position).
* Sentencing discretion – departure from statutory minimum fine where special reasons exist.
* Driving licence disqualification – proportionality and effect on livelihood.
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12 April 1979 |
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Conviction unsafe where key identification was initiated by a co-accused without an identification parade.
Criminal law — Identification evidence — Identification by co-accused without parade — Necessity of identification parade where witness knows suspect only by appearance — Safety of conviction.
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4 April 1979 |
| March 1979 |
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Appeal dismissed; award of Shs.200 upheld due to conflicting oral evidence and absence of receipts.
Sale of goods – proof of price and payments – conflicting oral testimony without receipts – failure to produce documentary records – appellate deference to trial court’s factual finding.
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31 March 1979 |
| January 1979 |
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Compensation claim for felled trees dismissed for lack of proof; vehicle-hire and filing fees awarded, assessors' allowances not recoverable.
* Civil procedure – award of costs – recoverability of vehicle-hire costs to facilitate court and assessor inspection; assessors' allowances are court-paid, not litigant-payable. * Evidence – insufficiency of proof to establish alleged destruction of trees; compensation requires proof of actual damage. * Civil claim arising from criminal trespass – separate civil entitlement to compensation requires proof of loss.
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1 January 1979 |
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1 January 1979 |
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Omissions in accounting books do not prove theft or fraudulent false accounting absent evidence of duty and failure to account.
Criminal law – Theft/embezzlement by public servant – failure to prove duty to account or diversion of monies; Fraudulent false accounting – omissions in books insufficient where misappropriation unproved; Evidentiary burden – prosecution must prove what the accused was required to do with collected funds and that he failed to do so.
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1 January 1979 |