Results.
5 judgments found.
|
|
|
| May 2007 |
|
|
Decree nisi granted where respondent deserted the petitioner for over three years, satisfying Divorce Act section 5(b).
-
Family law — Divorce — Desertion under s.5(b) Divorce Act — Proof of three years' uninterrupted desertion — Jurisdiction by domicile — Decree nisi granted.
|
24 May 2007 |
|
Court held that "Malavi" is not a protected name under the Protected Flag, Emblems and Names Act; no ministerial permission required.
-
Constitutional right to form political parties — Political Parties (Registration) — Justiciability of declaratory relief where Registrar’s interpretation may prevent registration — Interpretation of Protected Flag, Emblems and Names Act — "protected name" is a closed definition; spelling/variants not automatically protected.
|
15 May 2007 |
|
Confession held voluntary and materially true, corroborated by external pointers; alibi dismissed and sentence affirmed.
-
Tort
-
—
Evidence
-
—
Confession statements — Voluntariness and weight under s176 Criminal Procedure and Evidence Code
-
—
Corroboration and pointers — Recent possession and demonstration to police
-
—
Criminal Procedure — Alibi and burden — Prosecution to negative alibi where independent corroboration exists
|
6 May 2007 |
|
Appellant's possession of identified stolen goods, corroborating witnesses and unexplained bank deposits justified dismissal of appeal.
-
Criminal law — burglary and theft — possession of recently stolen property — identification and corroborative evidence; Criminal procedure — amendment of charge under section 151 — requirement of trial court consent and absence of defence objection; Evidence — failure to call alleged witness and destroyed electronic evidence — adverse inference where unsupported; Criminal evidence — unexplained large bank deposits as corroborative of proceeds of crime.
|
2 May 2007 |
|
Sentence reduced where proved theft amount was far lower than charged and procedural irregularities were curable.
-
Criminal law — proof of amount for sentencing — conviction under section 319 (obtaining by false pretences) — incorrect application of sections 254(1), 259(2) and 157(1)(b) — curable irregularities under section 5(1) — sentence reduction.
|
2 May 2007 |