Results.
12 judgments found.
|
|
|
| October 2007 |
|
|
The State must finalise preliminary applications and logistical arrangements before the court fixes trial dates.
-
Criminal procedure — disclosure of evidence; concealment of witnesses; jury selection considerations; trial logistics for electronic evidence; accused’s right to adequate preparation time; court’s management of preliminary matters.
|
31 October 2007 |
|
Conviction based on uncorroborated night-time identification was unsafe and quashed; appellant acquitted.
-
Criminal law — Identification evidence — Night-time identification of strangers — Requirement for independent corroboration — Weight of evidence where witnesses are informed by primary identificatory witness — Safety of conviction.
|
31 October 2007 |
|
Conditional leave to defend summary judgment was granted where a set-off was alleged, subject to payment into court of US$7,300 and prompt amendment filing.
-
Civil procedure — Summary judgment — Requirement that defendant establish a bona fide defence by specific facts — Mere denial insufficient; alleged set-off/counterclaim may justify conditional leave to defend — Conditional security/payment into court and prompt amendment of defence ordered
|
18 October 2007 |
|
Identification evidence and forensic links to the appellant upheld conviction; twelve-year sentence with hard labour affirmed.
-
Criminal law — Armed robbery (s.301 Penal Code) — Identification evidence — alibi insufficient — stolen property and weapons linked to accused — prior convictions and leadership of gang relevant to sentence — sentence of 12 years with hard labour upheld.
|
16 October 2007 |
|
Conviction set aside due to inconclusive forensic identification; retrial ordered with remand and conditional acquittal.
-
Criminal law — possession of Indian hemp — guilty plea — adequacy of charge and plea — evidentiary sufficiency — inconclusive forensic identification report — retrial ordered — remand pending retrial — conditional acquittal if retrial delayed.
|
16 October 2007 |
|
Retrial ordered because the forensic report failed to conclusively identify the suspected Indian hemp.
-
Criminal law — Dangerous Drugs — Possession of Indian hemp — Guilty plea — Adequacy of plea and supporting facts — Inconclusive forensic report from Chitedze Research Station — Sections 3 and 5 Criminal Procedure and Evidence Code not sufficient to cure forensic deficiency — Retrial ordered; remand and conditional acquittal if retrial not commenced timely.
|
16 October 2007 |
|
Court corrected a clerical mathematical error to increase the principal sum, upheld the 5% compound interest award, and granted costs to the plaintiff.
-
Clerical mistakes — Order 20 — correction of judgment; Mathematical error in judgment — duplicated invoice entries; Interest — 5% compound interest from December 2001 treated as deliberate judicial award; Costs — costs follow the event and may be ordered where judgment silent.
|
9 October 2007 |
|
Application to set aside summary possession dismissed; no fresh grounds shown, remedy is an appeal.
-
Civil procedure — Order 113 r.8 RSC — application to set aside summary possession — applicant must show fresh grounds or a defence on the merits; mere attack on correctness requires appeal — delay and affidavit irregularities noted but not dispositive.
|
9 October 2007 |
|
A guilty plea bars appeal against conviction except on sentence; custodial term reduced as manifestly excessive.
-
Criminal law — guilty plea — plea-taking requirements (s251(2) CPE Code) — appeal barred after guilty plea except on sentence (s348 CPE Code) — sentencing discretion — use of panga (lethal weapon) as aggravating factor — reduction of excessive sentence.
|
9 October 2007 |
|
Court reduced sentences for a first offender and granted bail to detained accused on specified conditions.
-
Criminal law — Sentencing: mitigation (first offender, previous good character, absence of actual loss) and consideration of prison congestion in reducing custodial terms; Criminal procedure — Bail under section 42(2)(e) Constitution and section 118 CPE Code: conditions, sureties and reporting where State raises no objection.
|
5 October 2007 |
|
Distress for rent is not set aside by this application; unlawful distress must be challenged by replevin or an action for trespass.
-
Landlord and Tenancy — Distress for rent not a court process; applicable law: Law of Distress Amendment Act 1888; Illegal distress — remedies include replevin, trespass and damages; Procedure — aggrieved tenant must sue rather than seek setting-aside of warrant by this application; Issues of apparent authority and payment to agents are matters for the substantive action.
|
4 October 2007 |
|
Whether a 30‑month sentence for possession of 29kg of cannabis was excessive and whether mitigating factors were adequately considered.
-
Criminal law — Dangerous Drugs Act — possession of large quantity of cannabis — sentencing principles — relevant factors include quantity, intent, age, first offender status, guilty plea — judicial discretion in sentencing.
|
2 October 2007 |