Appeal court may consider contradictory evidence

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Appeal court may consider contradictory evidence given by witness at prior trial. 1967/4. Appeal court usually bound by trial court’s view of credibility of witness. 1967/59.
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When appeal court will return case to trial court for hearing of additional evidence. 1968/215. Failure to appear Appeal may be heard where there are written arguments. 1968/53. Sickness is reasonable explanation. 1968/53. Failure by trial magistrate to analyses prosecution case – Ground for granting appeal. 1967/384; 1968/216. Guilty plea – No appeal from conviction on unequivocal guilty plea. 1967/239. Inquiry by High Court to trial court – Failure to reply. 1967/5 Jurisdiction of High Court - No authority to revise an order of acquittal. 1967/121; 1967/247. Leave to appeal out of time – Standards. 1967/290. Order based on subordinate court’s finding as to age of accused may be set aside by High Court. 1968/145. Petition of clemency – Not appeal. 1967/109. Record of trial court lost – Re-trial necessary. 1967/120; 1967/291. Reversal of conviction where reasonable doubt. 1967/89. Ruling cannot be appealed until case completed. 1968/271. Summary rejection of appeal by district court not permitted. 1968/218; 1968/258 Sentence See: SENTENCE Witnesses – Defence to magistrate’s discretion in calling defence witnesses. 1967/258. ARMS AND AMMUNITION ORDINANCE, CAP. 223. Failure to renew licence not offence. 1968/176. Plea of guilty – Equivocal. 1968/457. Possession of firearm Forfeiture of firearm improper where owner is innocent third party. 1967/299.
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Forfeiture of firearm improper where owner who is third party has not been heard. 1967/90 Imprisonment for six months excessive. 1967/90. Imprisonment in default of fine – Length of term governed by Penal Code provisions. 1968/415. Unlicensed pledge may be convicted. 1967/90. “Transfer” of firearm – Temporary transfer not included. 1967/439; 1968/387; 1968/457. LXX CRIMINAL ARREST See: ABUSE OF OFFICE; ESCAPE FROM LAWFUL CUSTOM; PROCE- DURE. ARSON Burning of one’s own house lawful where human life and adjacent build- ings not endangered. 1967/185. Evidence – Threat to burn house after event sufficient to establish guilt. 1967/186. Negligence not sufficient for conviction. 1967/6. Plea of guilty – Equivocal. 1968/32. ASSAULT CAUSING ACTUAL BODILY HARM Alternative verdicts – Assault causing actual bodily harm cannot be substi- tuted for assault with intent to steal 1968/428. Charge of malicious injury to property in addition to assault charge impro- per. 1967/131. Provocation – No defence to charge – Grounds for mitigation in sentenc- ing. 1968/34. Self – defence – Attack with wooden pestle unjustified in retaliation for se- vere slap. 1967/266. Sentence
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Corporal punishment imposable only in aggravating circumstances. 1968/471. Imprisonment for eight months excessive for domestic offence. 1967/266. ASSAULT PUNISHABLE WITH FIVE YEARS Charge – Proper form. 1967/440. Sentence – Imprisonment for three years excessive for elderly first offend- er. 1968/440.
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  • Fall '17
  • Dean Majamba

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