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Convicting and sentencing the appellants on both alternative counts was improper; the sentence imposed exceeded the statutory maximum for the offence. The proper approach is to convict on only one count and impose a lawful sentence within statutory limits.
Source excerpt
The High Court allowed a criminal appeal, quashing a conviction for breaking and stealing because the trial court failed to properly evaluate the evidence.
Criminal appeal against convictions for breaking and stealing was dismissed after the court found the prosecution evidence credible and the sentence justified.
The High Court quashed a conviction for breaking and stealing, but found the appellant guilty as an accessory after the fact and sentenced him to two years.
The High Court upheld a conviction for breaking and entering and theft, finding the school break-in proved and the maize identified through chalk mixed with it.
The High Court allowed a criminal appeal, quashed convictions for breaking and entering and theft, and set aside the sentences for lack of proof beyond reasonable doubt.
The High Court upheld Dom Lucës’s conviction and 5-year sentence for workshop breaking and theft, applying recent possession. The co-accused were not convicted.
The High Court allowed an appeal against an office-breaking conviction, holding that breaking and entering was not proved and the conviction could not stand.
The High Court partly allowed a criminal appeal, quashing convictions for three appellants while upholding convictions for three others based on recent possession.
The High Court quashed theft convictions arising from firearm break-ins, substituted receiving stolen property convictions for two appellants, and released the third.
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