Results.
5 judgments found.
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| November 1997 |
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A two-year sentence for simple theft was manifestly excessive; immediate release ordered given guilty plea, recovery and time served.
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Criminal law — Theft — Sentencing — Manifestly excessive sentence — Guilty plea and first offender mitigation — Recovery of property — Suspension vs short custodial term
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17 November 1997 |
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The defendant’s burglary sentence was increased, stressing burglary’s gravity and the duty to consider totality of sentences.
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Criminal law — Burglary — Sentencing principles — Benchmarked starting point (six years) — Recovery of stolen property not significantly mitigating — Duty to consider prior sentences and totality — Concurrent vs consecutive sentences
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16 November 1997 |
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Voting without registration certificates is an irregularity, but proved instances did not justify annulling the by-election.
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Electoral law — voting procedure — production of voter registration certificate — irregularity; statutory duties of Electoral Commission to investigate (s.113); annulment discretionary — materiality of irregularities to result (s.114, s.118).
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13 November 1997 |
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Failure to give reasons rendered an eighteen‑month sentence for theft of K1,300 manifestly excessive; defendant released.
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Criminal law — Sentencing — Theft by servant — Need for reasons for sentence — Review of manifestly excessive sentence — Effect of guilty plea and time served
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12 November 1997 |
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A guilty plea bars appeal on conviction; a two-year term for theft of one small beast was manifestly excessive and set aside.
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Criminal law — Theft of cattle — sentencing — manifestly excessive sentence for theft of single small beast; guilty plea entitles accused to substantial reduction; appeal against conviction incompetent after guilty plea (s348 CPE Code)
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6 November 1997 |