Results.
10 judgments found.
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| February 1988 |
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Custody of keys and mere opportunity are insufficient to sustain a theft conviction without further incriminating evidence.
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Criminal law — Theft — Circumstantial evidence and opportunity — Custody of keys insufficient without further incriminating evidence; conviction unsafe where DPP does not support prosecution.
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24 February 1988 |
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Appeal against robbery convictions dismissed; eyewitness identification held reliable despite brief observation.
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Criminal law — Robbery — Identification evidence — Sufficiency and reliability of eyewitness identification after a brief observation — Threats during offence and credibility assessment — Appeal against conviction.
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23 February 1988 |
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23 February 1988 |
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Assault followed by death can ground manslaughter conviction on lay evidence plus a post‑mortem report, absent a novus actus.
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Criminal law — Manslaughter; causation — role of medical evidence and post‑mortem reports; lay evidence of assault followed by death — novus actus interveniens; admissibility and weight of written post‑mortem opinion
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22 February 1988 |
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Court set aside dismissal for want of prosecution, granted 60 days to lodge record, and ordered K100,000 payment.
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Civil procedure — Dismissal for want of prosecution — Defective service of notice to dismiss — Extension of time to prosecute appeal — Responsibility of appellant to apply for enlargement — Reasonable explanation for delay (missing High Court file) — Payment out of funds on deposit.
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16 February 1988 |
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Circumstantial blood evidence and reliance on excluded exhibits failed to remove reasonable doubt; conviction quashed and appellant acquitted.
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Criminal law — murder — circumstantial evidence and reasonable inferences; evidentiary value of blood-stains and excluded exhibits; alibi corroboration and safety of conviction.
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11 February 1988 |
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Whether ordering a retrial is appropriate where the applicant has already served the sentence after loss of the trial court's judgment.
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Criminal law — Appeal — Loss of trial court judgment — appellate remedial options — retrial as exceptional remedy — fairness where appellant has already served sentence — authorities: Musukuma, Nyirongo, DPP v Risbey.
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10 February 1988 |
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First offenders selling prescribed trophies may be fined; imprisonment reserved for trafficking or repeat offenders.
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Sentencing — National Parks and Wildlife Act — distinction between s.139 (hunting) and s.142 (selling prescribed trophy) — first offenders may be fined — mandatory custodial sentence applies to trafficking or repeat offenders only
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8 February 1988 |
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Unproven 'leading' to incriminating items and mere possession of ammunition/new clothes cannot sustain robbery convictions.
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Evidence — Aggravated robbery — 'Leading' police to incriminating items — proof of guilty knowledge when multiple accused — circumstantial evidence — possession of ammunition and new clothing insufficient alone
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8 February 1988 |
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Appeal dismissed for failure to lodge a proper record and to file heads of argument; no discretionary extension granted.
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Civil procedure — Appeal — Requirement for proper record and heads of argument where counsel appears — Discretion to grant adjournment or extend time requires material justification — Failure to prosecute appeal and non-compliance may justify dismissal.
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2 February 1988 |