Results.
5 judgments found.
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| June 2003 |
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The court set aside leave for judicial review of a government procurement award as non-justiciable commercial decision.
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Administrative law — Judicial review — Procurement and tender awards — Public body discretion in considering financial and technical proposals — Non-justiciability and polycentric decisions — Leave for judicial review set aside as unarguable
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9 June 2003 |
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Court reduced a 3.5-year burglary sentence to two years, stressing sentencing factors and limited weight of a single prior conviction.
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Criminal law — Sentencing — Breaking into a building and committing a felony (s.311) — Sentencing must consider nature and circumstances of offence, offender, victim and public interest — Factors affecting actus reus and mens rea relevant — Single prior conviction of limited weight — Review and reduction of manifestly inappropriate sentence
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5 June 2003 |
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Court confirms three-year burglary sentence, imposes one month for theft, outlining burglary sentencing principles.
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Criminal law — Sentencing — Burglary/housebreaking — six-year starting point for threshold burglary; simple burglary minimum three-year custodial sentence; victim vulnerability and offender’s youth/first-offence plea as sentencing considerations; obligation to sentence on each count
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5 June 2003 |
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Garnishee proceedings cannot attach government funds under s.10 of the Civil Procedure Act; garnishee orders discharged.
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Garnishee proceedings — government funds — section 10 Civil Procedure Act prohibits injunctions/specific performance against government — Orders 49 and 77 RSC and Crown Proceedings Act 1947 inapplicable to Malawi — High Court precedent binding.
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3 June 2003 |
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Leave for judicial review of an employment suspension was set aside as the suspension was a private employment matter and alternative remedies existed.
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Judicial review — employment suspension — whether suspension is administrative action — alternative remedy in Industrial Relations Court — abuse of process; Delay and extension of time for leave to apply for judicial review; Scope of public power in employment decisions
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1 June 2003 |