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Citation
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Judgment date
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| March 2017 |
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Whether property acquired before marriage is excluded from division and how custody and maintenance orders serve children's best interests.
Family law — division of matrimonial property — intention and timing of acquisition; exclusion of property acquired before marriage; household goods to be shared equally; vehicles as matrimonial assets; compensatory spousal payment requires proof of disparate post‑divorce income; custody determined by best interests of the child; maintenance and reviewable welfare orders.
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30 March 2017 |
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State failed to prove all elements of smuggling; accused acquitted due to reasonable doubt.
Criminal law – Anti‑Human Trafficking Act s.9(1) – Elements of smuggling (procurement for benefit; facilitation; lack of lawful justification) – Competence of spouse witness (Criminal Procedure Code s.151) – Travel documents v. underhand methods – Burden of proof and reasonable doubt – Acquittal.
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30 March 2017 |
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Medical evidence and parental documentation corroborated the prosecutrix’s testimony, supporting conviction for defilement beyond reasonable doubt.
Criminal law – Defilement (s.138(1) Penal Code) – elements: unlawful carnal knowledge, identity, age – corroboration by medical evidence (STI, hymen injuries) – proof of age (parental evidence, under-five card) – statutory defence of reasonable belief in age not raised.
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21 March 2017 |
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Whether funds entrusted to an agent for vehicle purchase were fraudulently converted, establishing theft by agent.
Criminal law – Theft by agent – Conversion of entrusted funds – Intent to permanently deprive – Reliance on bank records, correspondence and witness testimony – Sections 265, 272 and 280(b) Penal Code.
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20 March 2017 |
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Whether prosecution proved beyond reasonable doubt that accused stole a motor vehicle using a forged cheque.
Criminal law – Theft of motor vehicle (s281A) – Elements: registrable motor vehicle; without claim of right; intention permanently to deprive – Use of forged bankers’ cheque – Proof of authorship: eyewitness evidence vs handwriting expert opinion – False identity and orchestration as indicia of guilt.
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10 March 2017 |
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First accused (acting PS) convicted for corruptly accepting a company‑paid borehole and abusing office; company convicted for corrupt payment as inducement.
Anti‑corruption – corrupt gratification as inducement or reward – proposed as well as actual transactions – public officer definition – abuse of office where payment contrary to contractual terms prejudices government legal rights.
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6 March 2017 |
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A public officer convicted for accepting K3000 as gratification to secure release of an impounded vehicle.
Anti‑Corruption Act s19(1) – corrupt practices by a public officer; gratification; s66(1) presumption where acceptance proved; bank deposit and call‑records as corroborative evidence; release of impounded vehicle as inducement/reward.
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2 March 2017 |