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Ndayanyi Lukas v. R. Crim. App. 53-M-67, 23/3/67, Platt, J.



Ndayanyi Lukas v. R. Crim. App. 53-M-67, 23/3/67, Platt, J.

Accused was convicted of arson but the case against him was circumstantial, and weak.

            Held: “….. it seems to me that, serious though the charge against the appellant was, there were aspects of the prosecution case which rendered it doubtful, and that the defence might well have raised doubt in the mind of a reasonable court if the doubtful aspects of the prosecution case had been fully considered. It follows therefore that it would be unsafe to uphold this conviction.”

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