Results.
5 judgments found.
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| December 2008 |
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Appellate reduction of sentence where magistrate failed to give reasons and consider statutory suspension for a first offender.
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Criminal Law
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Sentencing — Custodial sentence for first offenders — Application of ss 339 and 341 Criminal Procedure and Evidence Code
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Sentencing Procedure — Requirement to give reasons and record good grounds for imprisonment — Appellate interference where absent
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Defences and mitigation — Effect of plea and caution statement on claims of provocation or self-defence
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22 December 2008 |
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Court upheld convictions for forgery and uttering but reduced sentences on counts one and two for mitigating factors and lawful search.
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Criminal Law — Forgery and Uttering — Proof of forged negotiable instrument and participation by custodial signatory
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Criminal Procedure — Search Incident to Arrest — Lawful search without warrant to avoid undue delay — Criminal Procedure and Evidence Code s24
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Sentencing — Mitigating Factors — Reduction for first offenders and botched scheme; undue severity corrected
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21 December 2008 |
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Sale and possession of stolen goods soon after a theft can sustain robbery convictions despite identification gaps.
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Criminal Law
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Robbery — Circumstantial evidence and possession/offering of stolen goods shortly after theft as connecting evidence
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Identification — Defects in identification parade do not necessarily undermine convictions where strong circumstantial linkage exists
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Sentence — Appellate review of magistrate’s sentence and discretion to enhance or uphold based on precedents
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15 December 2008 |
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Conviction for defilement of an imbecile upheld; sentence reduced for failure to consider mitigating factors.
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Criminal Law
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Sexual Offences
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Defilement of an Imbecile — Proof of imbecility may rest on positive lay testimony
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Consent — No defence where complainant is an imbecile
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Sentencing — Appellate reduction where trial court failed to balance mitigating and aggravating factors
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15 December 2008 |
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Circumstantial evidence can sustain convictions for firearm possession, possession of suspected stolen property, and conspiracy; firearm forfeiture upheld, goods to be auctioned.
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Criminal Law
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Possession of Firearm — Circumstantial evidence and constructive possession; guilty knowledge
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Possession of Suspected Stolen Property — Disposal and forfeiture — Sale as found property unless owner found
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Conspiracy — Proof by circumstantial evidence sufficient without commission of substantive offence
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15 December 2008 |