Results.
8 judgments found.
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| September 2003 |
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Plaintiff awarded aggravated damages and costs for serious, permanently disabling gunshot injuries caused by police misconduct.
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Police shooting — state liability — assessment of damages — aggravated damages for serious bodily injury — uncontested medical evidence — permanent incapacity (50%) due to chronic osteomyelitis
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29 September 2003 |
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Conviction quashed where no prima facie case, critical hearsay was wrongly admitted, and circumstantial proof was insufficient.
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Criminal law — No case to answer under s.254 — inadmissible hearsay — insufficiency of circumstantial evidence to prove guilt beyond reasonable doubt — proper approach to accused's explanation (might reasonably be true)
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24 September 2003 |
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Conviction quashed: no prima facie case, inadmissible hearsay, and insufficient circumstantial proof beyond reasonable doubt.
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Criminal law — review of subordinate court conviction — duty to determine prima facie case at close of prosecution — inadmissible hearsay from non-searching witness — circumstantial evidence must exclude other rational inferences beyond reasonable doubt — correct approach to accused's explanation: whether it might reasonably be true
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24 September 2003 |
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Detention beyond 48 hours without charge is unconstitutional; serious charges may justify denying bail while ensuring a speedy trial.
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Constitutional law — section 42(2) — forty‑eight hour rule — detention without charge unlawful; Habeas corpus — remedy for unlawful detention; Bail — discretionary where detention unlawful but serious criminal charge exists; Sickness — non‑terminal illness not necessarily sufficient for bail; Right to speedy trial and public interest considerations
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18 September 2003 |
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Court awarded K172,000 for wrongful death: K60,000 for expectation of life and K112,000 for dependency, minors’ shares held in court.
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Wrongful death — assessment of damages — loss of expectation of life — conventional awards; loss of dependency — multiplicand-and-multiplier method; unemployed deceased — minimum domestic wage as multiplicand; minors’ shares deposited in court
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8 September 2003 |
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Court awarded damages for police assault, unpleaded spectacles expense, and false imprisonment; costs to the plaintiff.
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Civil damages — assault and battery by police; false imprisonment; assessment of damages and quantum; award of unpleaded but proven special damage (spectacles); use of comparable awards and consideration of currency depreciation
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8 September 2003 |
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On review the court increased a manifestly inadequate six‑year armed robbery sentence to 14 years due to aggravating factors.
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Criminal law — Armed robbery — Sentencing — Starting point ten years — Mitigation: guilty plea and first offender limited — Aggravation: injured victims and multiple offenders — Manifestly inadequate sentence enhanced to 14 years
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1 September 2003 |
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Court awards K70,000 to the plaintiff for pain, suffering, disfigurement and loss of amenities from a serious leg wound.
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Personal injury — assessment of damages — pain and suffering, loss of amenities and disfigurement — use of comparable awards and currency depreciation — no award for loss of earnings where medical evidence shows capacity for manual work
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1 September 2003 |