Results.
12 judgments found.
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| May 1979 |
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Conviction on an uncorroborated confession may be lawful, but court discretion, document production rules, and limits on questioning unsworn statements must be observed.
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Criminal law — Confession statements — Conviction on uncorroborated confession permissible but discretionary; voluntariness and safety of reliance must be assessed — Documentary evidence not produced must be produced or explained — Unsigned/unsworn statements: accused not subject to cross-examination and court questioning limited to clarification
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16 May 1979 |
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Whether section 36 requires separate charges for multiple victims and when charging form causes substantial miscarriage of justice.
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Criminal law—duplicity of charges; application of Penal Code s.36 requiring separate charges/punishments for multiple victims; distinction for offences under other Acts; appellate limitation under Criminal Procedure Code s.353; sentencing for causing death by dangerous driving (recklessness vs. negligence)
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16 May 1979 |
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Repeated pleas are not prejudicial unless a not-guilty plea is later changed to guilty to the same charge.
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Criminal law — Plea-taking — Repeated pleas to same charge — Whether prejudicial — Prejudice arises when a not-guilty plea is later converted to guilty to the same charge — Amendment of charge and legal representation considered
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7 May 1979 |
| February 1979 |
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Section 217 cannot be used to bypass jurisdictional limits where statutory minimum sentences exceed a magistrate's powers.
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Criminal law & procedure — Jurisdiction — Section 217 Criminal Procedure Code — Committal for sentence — Statutory minimum sentences outside magistrate's powers — Only resident or senior resident magistrates may try such cases
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19 February 1979 |
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Lack of parental care alone does not justify a reformatory order; s.72(3) requires reformatory training only when necessary for reformation.
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Juvenile sentencing — Reformatory order — Severity and statutory requirement under s.72(3) Juveniles Act — Lack of parental care alone insufficient — Probation order preferred for first offenders
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19 February 1979 |
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If an accused appears to be a juvenile the court must make due inquiry; obvious adults may be determined by ocular observation.
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Criminal procedure — Juvenile offenders — s.118(1) Juveniles Act — adequacy of ocular observation to determine age — duty to make due inquiry when accused appears juvenile — effect on appealability and invalidation of orders
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19 February 1979 |
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Allegation of drawing unauthorised salary is defamatory; exemplary damages must be specifically pleaded; award reduced to K7,500.
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Defamation — imputations of dishonesty — allegation of drawing salary not entitled defamatory; exemplary damages require specific pleading; injury to reputation and mental suffering need not be pleaded; excessive award reduced
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5 February 1979 |
| January 1979 |
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An extra‑curial confession binds only its maker; aiding and abetting requires intentional encouragement, not mere presence.
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Criminal law — Extra‑curial confession — Admissibility and effect; uncorroborated confession may sustain conviction; aiding and abetting — encouragement requires intent and wilful encouragement, mere presence insufficient; police interrogation — liability of co‑accused
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15 January 1979 |
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Firearm used in a wildlife offence is forfeitable under s.145 despite third‑party ownership; conditional protections are limited to vehicles, aircraft, boats.
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Criminal law — Forfeiture of implements used in wildlife offences — National Parks and Wildlife Act s.145(1) — firearms forfeitable on conviction at prosecution request — conditional third‑party protections limited to vehicles, aircraft and boats — s.32 relates to game management areas only
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8 January 1979 |
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Court must inquire into voluntariness of confessions and hold a trial within a trial if voluntariness is contested.
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Evidence — Confession statements — Duty of court to inquire whether defence objects — Voluntariness must be determined by a trial within a trial — Trial within a trial mandatory even if issue raised after close of prosecution — Admissibility condition precedent
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8 January 1979 |
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Detainees must receive sufficiently detailed grounds to enable meaningful representation; detaining authority may choose detention over prosecution.
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Constitutional law — Detention — Requirement that grounds be specified "in detail" to permit meaningful representation — Vagueness assessed by circumstances — Notorious facts may suffice — Discretion to detain versus prosecute where alleged conduct may be criminal
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2 January 1979 |
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Killing to prevent an enemy's escape can be justifiable if the force used was reasonable given the security risk.
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Criminal law — Murder — Justifiable homicide — Use of reasonable force to prevent escape of an enemy — Reasonableness assessed by nature and degree of force, seriousness of evil, and availability of alternatives — Trial misdirection for failure to consider defence
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2 January 1979 |