Results.
8 judgments found.
|
|
|
| October 1994 |
|
|
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.
|
27 October 1994 |
|
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.
|
20 October 1994 |
| July 1994 |
|
|
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.
|
22 July 1994 |
| June 1994 |
|
|
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.
|
19 June 1994 |
|
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.
|
15 June 1994 |
| April 1994 |
|
|
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.
|
22 April 1994 |
| March 1994 |
|
|
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.
|
7 March 1994 |
| February 1994 |
|
|
|
8 February 1994 |