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Citation
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Judgment date
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| October 1994 |
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Court affirms 18-month sentence for bicycle theft, stressing guilty plea and voluntary restitution as key mitigators.
Criminal law – Theft – Sentencing – Mitigation: guilty plea, voluntary restitution, and family obligations; plea change diminishes mitigation; sentence affirmed.
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27 October 1994 |
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Conviction for theft by a public servant quashed due to insufficient evidence and lack of proper stock/accounting.
Criminal law – theft by public servant – failure to account – insufficiency of evidence – lack of stock records and alternative access to store-room – conviction quashed on review.
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20 October 1994 |
| July 1994 |
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A public servant who cannot account for cash exhibits is presumed to have stolen them unless the presumption is rebutted.
Criminal law – Theft by public servant – Section 283(1) presumption where public officer fails to account – ownership of cash exhibits – damaged-safe defence – auditors' documentary corrections – mandatory minimum sentence.
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22 July 1994 |
| June 1994 |
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Appeal against theft conviction upheld; sentencing disparity and prior convictions considered, sentence described as somewhat harsh.
Criminal law – Theft from a person – Appeal against conviction and sentence – Appellate review of trial court credibility findings – Sentencing: relevance of previous convictions and undue disparity between co-accused sentences.
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19 June 1994 |
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A 22-year-old first offender’s 12-month imprisonment was set aside and replaced by a K2,000 fine (or six months' default).
Criminal law – Dangerous Drugs – Illegal possession of Indian hemp (144.10g) – sentencing – mitigating factors (youth, first offender, guilty plea, personal consumption) – substitution of custodial sentence with fine.
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15 June 1994 |
| April 1994 |
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Appeal allowed: absence of Inspector General's order did not void prosecution, but proceedings should have been stayed under s.161.
Criminal law — Prosecution of police officers — Police Act s.47 and s.39 — written Inspector General order not required for non-disciplinary offences; discretion to stay/terminate proceedings under s.161 where disciplinary context and mitigating circumstances justify relief.
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22 April 1994 |
| March 1994 |
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Conviction for theft by servant affirmed where audit records, witness testimony and confession established the missing funds.
Criminal law — Theft by servant — Reliance on audit documents, shop manager testimony and confession to prove missing takings — Alternative explanations failing to create reasonable doubt.
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7 March 1994 |
| February 1994 |
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8 February 1994 |