Results.
6 judgments found.
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| February 1993 |
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Conviction for theft upheld: witness evidence corroborated; record‑inaccuracy and conspiracy claims rejected; wrong place in particulars non‑prejudicial.
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Criminal law — Theft — Credibility and corroboration of accomplice/witness evidence — Reliance on independent corroboration (foreign witnesses) — Trial record accuracy — Alleged omission of defendant’s report to intelligence officer — Conspiracy allegations — Extra‑territorial jurisdiction (Penal Code s.6) and requirement to state actual place of offence in particulars.
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26 February 1993 |
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Confession excluded as unsafe; first appellant's murder conviction quashed, substituted conviction for receiving stolen goods; second appellant acquitted by reason of age.
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Criminal law — admissibility and safety of confession statements; appellate review of trial judge's credibility findings; Penal Code s.14(2) — criminal responsibility of children under twelve; aggravated robbery versus receiving stolen property.
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16 February 1993 |
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Appellant's aggravated robbery conviction upheld where identification and recovery corroboration were reliable despite complainant's drinking.
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Criminal law — Aggravated robbery — Identification by a partially intoxicated complainant — Recognition in moonlight — Corroboration by recovery of property and purchaser — Appeal dismissed.
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16 February 1993 |
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Conviction quashed where the trial magistrate ignored recalled evidence and misstated possession, creating reasonable doubt.
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Criminal law — hunting offences — appeal — trial magistrate's misdirection by failing to consider recalled evidence and mischaracterising denials — reasonable doubt — conviction quashed; forfeiture of firearm set aside.
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16 February 1993 |
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Conviction quashed where reasonable doubt arose from a possible accidental firearm discharge during a struggle.
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Criminal law — murder — accidental firearm discharge during a struggle — credibility findings on appeal — reasonable doubt — conviction quashed.
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3 February 1993 |
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Sentence for manslaughter reduced where record showed assault with bare hands and trial judge failed to consider weapon use.
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Criminal law — Manslaughter — Sentencing — Effect of use of bare hands versus weapon — Appellate reduction where trial judge failed to consider weapon use — Reliance on Kasungani v The People.
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2 February 1993 |