Results.
18 judgments found.
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| September 2018 |
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Burden-presumption in theft by public servant applies; conviction upheld and custodial sentence increased to 24 months.
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Criminal law — Theft by public servant — Burden of proof — Legal presumption under s.283(1) Penal Code once employment, custody and inability to account are proved — accused must rebut on balance of probabilities — sufficiency of evidence — aggravated theft and custodial sentence.
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12 September 2018 |
| August 2018 |
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Bail after statutory custody time-limit is not automatic; court refused bail due to brutality and strong inculpatory evidence.
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Criminal law — Bail — custody time-limit under s161G — interplay with constitutional ‘interest of justice’ under s42(2)(e) — factors: seriousness of offence, strength of prosecution, risk of flight or tampering — refusal of bail in a case of brutal murder with inculpatory confession.
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31 August 2018 |
| July 2018 |
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Conviction and 42-month sentence for theft by servant upheld where appellant had sole control and failed to account.
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Criminal law — Theft by servant — Proof where stock or cash shortage — application of Nguwo factors (size of deficiency, control/access, alternative causes, enrichment) — Documentary delivery notes and failure to report — Sentencing: Rep v Missiri guidance; appellate interference only if sentence excessive.
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18 July 2018 |
| June 2018 |
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Circumstantial evidence of custody and control upheld conviction for theft by servant; excessive sentence noted but confirmed as served.
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Criminal law — Theft by servant — Circumstantial evidence sufficiency — Custody and control of keys/cash — Standard of proof — Sentence excessive but confirmed due to time served.
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22 June 2018 |
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Conviction for breaking into a building confirmed; manifestly excessive 7-year sentence reduced to 4 years on review.
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Criminal law — s.311 Penal Code (breaking into a building and committing a felony) — confirmation of conviction — sentencing on review — manifestly excessive sentence — mitigation (first offender; change of plea) v. aggravation (security guard breach of trust; night; premeditation; financial gain) — sentencing guidelines applied — sentence reduced from 7 to 4 years.
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8 June 2018 |
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Convictions confirmed; court could not vary manifestly inadequate/excessive sentences already served.
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Criminal law — Confirmation of convictions — Sentencing — Manifestly inadequate and manifestly excessive sentences — Inability to vary sentences already served — Breach of trust as aggravating factor; sentencing guidelines for burglary and theft.
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8 June 2018 |
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Convictions confirmed, but consecutive sentences set aside and made concurrent, reducing cumulative term and prompting immediate release.
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Criminal law — Theft of cattle — Sentencing — Concurrent versus consecutive sentences — Offences committed in a single transaction — Sentencing guidelines and mitigation for first-time guilty plea — Excessive cumulative sentence set aside.
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8 June 2018 |
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Convictions confirmed but consecutive, excessive sentences reduced and ordered to run concurrently, yielding a four-year term.
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Criminal law — housebreaking and theft — sentencing — concurrent versus consecutive sentences — requirement to give reasons for consecutive sentences — mitigation (youth, first offender, plea) — manifestly excessive sentence — review and alteration of sentence.
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7 June 2018 |
| May 2018 |
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Conviction confirmed; housebreaking and theft sentences reduced after weighing aggravating and mitigating factors.
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Criminal law — Confirmation of convictions — Housebreaking (s 309 Penal Code) and theft (s 278) — Sentencing principles and Magistrates' Court guidelines — Aggravating and mitigating factors — Reduction of manifestly excessive sentences.
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21 May 2018 |
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Conviction for buggery confirmed; inadequate 12‑month sentence reluctantly upheld because review delay led to the prisoner’s release.
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Criminal law — Buggery (s 153(a) Penal Code) — Conviction confirmed; sentence manifestly inadequate but not increased due to delay and prisoner’s release — review procedure and production orders.
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11 May 2018 |
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Non‑compliance with the Banker's Books Evidence Act rendered crucial bank evidence inadmissible, making theft and money‑laundering convictions unsafe.
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Criminal law — theft and money laundering — liability of directors for corporate offences (s24 Penal Code) — duplicity in charging predicate and laundering offences — admissibility of public records — Banker's Books Evidence Act ss 4–5 compliance required for bank documents.
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7 May 2018 |
| March 2018 |
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Conviction for defilement affirmed; custodial sentence set aside and substituted with reformatory placement due to offender’s age.
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Criminal law — Defilement — proof of victim’s age — evidentiary burden shifts once prosecution proves age; Child offenders — sentencing — custodial sentence excessive for child; Child Care, Protection and Justice Act 2010 — reformatory disposition and review.
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20 March 2018 |
| February 2018 |
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Robbery conviction and consecutive sentence upheld; confession and warrantless search lawful; eight-year term reduced to three years IHL.
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Criminal law — Robbery — elements and corroboration; Admissibility of caution statements — corroboration and voluntariness; Arrest and search — s24A(1) warrantless search in presence of arrested person; Defence witnesses — securing attendance and withdrawal; Sentencing — consecutive sentences and mitigation for youth.
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13 February 2018 |
| January 2018 |
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Provocation, youth, first-offender status and a guilty plea justified a ten-year manslaughter sentence despite knife wounds.
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Criminal law — Manslaughter — Sentencing discretion under s211 — Maximum life reserved for worst cases — Aggravating factor: use of knife; Mitigation: guilty plea, provocation, youth, first offender.
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26 January 2018 |
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Failure to conduct a voir dire for a 15-year-old complainant led to exclusion of evidence and allowed appeal.
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Criminal law — defilement; child witness competence — requirement for voir dire under Oaths, Affirmations and Declarations Act; meaning of 'immature age' and interaction with child-related statutes; exclusion of evidence where voir dire absent; failure to prove case beyond reasonable doubt; retrial and double jeopardy.
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24 January 2018 |
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Court granted bail to a homicide accused overstaying on remand, imposing strict surety, reporting and travel‑restriction conditions.
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Bail — application under s12 Bail Guidelines Act, s118 Criminal Procedure and Evidence Code and s42(2)(e) Constitution — accused charged with homicide and long remand — grant of bail in interest of justice — conditions: cash deposit, bonded sureties, periodic police reporting, surrender of travel documents, leave required to leave village.
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19 January 2018 |
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Failure to comply with s.251 proviso invalidates a guilty plea; retrial ordered and sentence to be reconsidered.
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Criminal procedure — guilty plea — proviso to s.251 — court must ascertain accused understands nature and consequences of plea; admission of facts insufficient — non‑compliance warrants retrial; sentence review — manifest excessiveness where guilty plea and recovery of property.
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19 January 2018 |
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3 January 2018 |