Results.
5 judgments found.
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| May 2003 |
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Assessment after default judgment: plaintiff awarded K75,000 for permanent hand disability and loss of amenities.
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["Personal injury — assessment of general damages under a default judgment","Default judgment — assessment may proceed in absence of defendant if properly served","Permanent disability — medical incapacity assessed at 45% equating to loss of hand","Damages — reliance on comparable awards and consideration of currency devaluation","Costs awarded to plaintiff — to be taxed if not agreed"]
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31 May 2003 |
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Failure to read an amended charge and obtain a plea vitiates conviction for that amended offence; original theft conviction remains.
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Criminal procedure — Amendment of charge — s151 Criminal Procedure and Evidence Code — amended charge must be noted, read and accused called to plead — failure to plead to amended offence vitiates conviction — original unaltered theft conviction unaffected
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28 May 2003 |
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A qualified or brief guilty plea that denies an essential element undermines a housebreaking conviction; theft conviction confirmed.
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Criminal law — guilty plea requirements — magistrate must put each element to accused; qualification can undermine plea — housebreaking/burglary requires breaking and entry — sentencing principles for burglary; starting points and minimum custodial sentences
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28 May 2003 |
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Appeal against conviction dismissed; medical reports inadmissible for non‑compliance with s.180, but oral evidence upheld convictions; sentences reduced and ordered concurrent.
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Criminal law — unlawful wounding and malicious damage — admissions and victim oral testimony as proof; Evidence — expert/medical reports, admissibility under s.180 Criminal Procedure and Evidence Code — service requirement; Appellate review — deference to trial court on credibility; Sentencing — reduction and ordering concurrent sentences where offences committed in quick succession
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27 May 2003 |
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Conviction for robbery and conspiracy set aside where accomplice evidence and alleged police admissions lacked proper support and warnings.
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Criminal law — appeal on facts — sufficiency of evidence for robbery and conspiracy; circumstantial evidence; accomplice testimony — duty to warn; admissibility and weight of alleged admissions and silence at police without caution; sentencing — concurrent versus consecutive sentences
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25 May 2003 |