Results.
25 judgments found.
|
|
|
| February 2008 |
|
|
Court imposed above-guideline prison terms for premeditated, armed gang robberies, ordering concurrent sentences for dual convictions.
-
Criminal law — Armed robbery — Premeditated gang robberies — Possession and discharge of firearm — Sentencing: aggravating and mitigating factors — Sentencing Guidelines starting point 10 years — Concurrency of sentences.
|
27 February 2008 |
|
Two-year imprisonment for gang-planned theft from a person was confirmed; youth insufficient to outweigh aggravating factors.
-
Criminal law — theft from a person — sentence confirmation — whether two-year term excessive; aggravating factors: gang involvement, premeditation, public attack, lack of remorse; mitigating factor: accused's age.
|
26 February 2008 |
|
Jurisdiction to try juvenile jointly upheld, but juvenile's conviction quashed for non‑compliance with juvenile procedure; first accused sentence reduced.
-
Children and Young Persons Act — jurisdiction to try juvenile jointly with adult (s6(ii)) — powers where non‑juvenile court convicts juvenile (s55(1)) — validation provisions (s15) — prohibition on using terms 'conviction' and 'sentence' against juvenile (s4) — juvenile procedural non‑compliance leads to quashing; sentencing mitigation (confession, remorse, recovery, first offender).
|
26 February 2008 |
|
Court acquitted on an unprosecuted count for want of evidence and reduced grievous harm sentence from 5 to 4 years.
-
Criminal procedure — Duty to dispose of all counts; failure to address a count — acquittal for want of evidence
-
Sentencing — causing grievous harm — 5-year starting point; aggravating factors (weapon, unprovoked attack) vs mitigation (injury not severe); reduction to 4 years with hard labour
|
26 February 2008 |
|
Court confirmed burglary conviction and upheld a four-year sentence, finding the accused's defence unreliable.
-
Criminal law — Burglary — conviction by inference from being caught entering premises at night; credibility of accused’s defence; sentencing — guideline starting point and mitigation (first offender, family responsibility); confirmation of sentence.
|
26 February 2008 |
|
Sentence reduced to 2 years I.H.L. applying guidelines and a plea-and-youth discount despite aggravating factors.
-
Sentencing — reduction on review; application of sentencing guidelines (3-year starting point); discount for timely guilty plea and youth; aggravating factor: theft of donated food for vulnerable persons; substitution of sentence to 2 years I.H.L.
|
26 February 2008 |
|
Interlocutory mandatory injunction misused to decide a contract dispute; court orders refund or face contempt.
-
Civil procedure — interlocutory injunctions — mandatory injunction improperly disposing of substantive contract dispute — enforcement of court orders and contempt — misuse of interlocutory/constitutional language.
|
21 February 2008 |
|
Court reduced sentence from 20 to 12 months, balancing appellant's guilty plea against aggravating prior-knowledge conduct.
-
Criminal Law
-
—
Sentencing — Effect of guilty plea and first-offender status — Consideration under Criminal Procedure & Evidence Code ss 339–340
-
—
Burglary/Breaking into Building — Aggravating conduct: prior knowledge and abuse of position — Custodial sentence justified; reduction on appeal
|
21 February 2008 |
|
The appellant’s conviction and concurrent sentences were upheld; eyewitness recognition was deemed reliable and sentence not disturbed.
-
Criminal Law
-
—
Evidence — Identification — Recognition evidence and applicability of Turnbull guidelines
-
—
Sentence — Aggravated Burglary — Appropriate sentence and appellate interference
-
Criminal Procedure — Alibi Evidence — Necessity and impact of calling rebuttal witness
|
21 February 2008 |
|
Appellant's conviction and sentence quashed; compensation refunded and remaining sums treated as contractual debt.
-
Criminal appeal — conviction unsustainable on the record — sentence set aside — restitution of compensation ordered — outstanding sums treated as contractual debt.
|
21 February 2008 |
|
Court reduced burglary sentence from 20 to 12 months, balancing guilty plea mitigation against aggravating abuse of trust.
-
Criminal law — sentence on burglary (breaking into building) — guilty plea and first-offender mitigation — prior knowledge/abuse of trust as aggravation — appellate reduction of sentence.
|
21 February 2008 |
|
Conviction quashed where prosecution relied on hearsay and failed to call key witnesses, rendering evidence insufficient.
-
Criminal law — Theft by servant — Conviction unsafe where prosecution relies on hearsay and key witnesses are not called — Insufficiency of evidence — Quash conviction and set aside sentence.
|
21 February 2008 |
|
Conviction for theft by servant quashed where prosecution relied on hearsay and key witnesses were not called.
-
Criminal appeal — conviction unsafe where prosecution relied on hearsay and failed to call key witnesses; theft by servant; conviction quashed and sentence set aside; release ordered; reinstatement to be pursued in civil forum.
|
21 February 2008 |
|
Conviction for unlawful wounding confirmed; sentence reduced on humanitarian grounds to secure immediate release.
-
Criminal law — unlawful wounding — appeal against sentence — first offender, guilty plea and childcare responsibilities as mitigating factors — appellate substitution of sentence on humanitarian grounds.
|
19 February 2008 |
|
Prolonged non-prosecution violated the accused's right to a speedy trial, but discharge denied because he was on bail and allegations were serious.
-
Criminal procedure — discharge for want of prosecution — right to fair and speedy trial — undue delay by prosecution — accused's abscondment does not justify prolonged non-prosecution — refusal to discharge where accused on bail and offences serious.
|
19 February 2008 |
|
Truck driver entering the main road failed to give way and was negligent; plaintiff not contributorily negligent; damages to be assessed.
-
Road traffic law — junction collision — amber-only traffic lights — duty to give way when entering a major road — failure to keep proper lookout — negligence — contributory negligence not proved — admissibility of expert evidence requires prior report.
|
13 February 2008 |
|
The defendant procured the plaintiff’s unlawful three-day detention and is liable for false imprisonment; defamation claim failed for lack of admissible proof.
-
False imprisonment — procuring arrest: liability where a person, through agents, causes police to arrest without reasonable grounds; distinction between supplying information and making a charge
-
Defamation — publication and proof: hearsay inadmissible; plaintiff must prove publication and falsity
-
Damages — assessment for short unlawful detention; aggravated damages require supporting basis
|
13 February 2008 |
|
High Court overrules respondent’s preliminary objections; appeal from liquidator may proceed; affidavit and jurat defects not fatal.
-
Companies Act s275 — appeal from liquidator to High Court; Order 55 Rules — statutory appeals and requirement to state grounds; Affidavits — Order 41, counsel swearing affidavits and court’s discretion to regularise; Jurat formalities — undated jurat not necessarily fatal where commissioner and place are identified; Commercial Court Rules — jurisdiction and transfer window (Order 22 r 5(2)).
|
13 February 2008 |
|
Ex-parte injunction discharged where applicants suppressed material facts and national security concerns made ex parte relief inappropriate.
-
Interlocutory injunctions — ex-parte injunctions — suppression of material facts — abridgement of time — balance of convenience — national security considerations — court’s discretion to discharge vacated injunctions.
|
13 February 2008 |
|
Disciplinary dismissal for dishonesty upheld; IR Court may admit informal evidence and criminal acquittal does not invalidate fair dismissal.
-
Labour law — Industrial Relations Court procedure — informality and rules on evidence — admissibility of hearsay in context of pre‑hearing admissions; Disciplinary dismissal for dishonesty — burden of proof and requirement to give reasonable explanation; Criminal acquittal does not automatically invalidate fair disciplinary action.
|
12 February 2008 |
|
The respondent owes the applicant money, but the respondent’s land was not validly charged as security.
-
Banking law — overdraft and letters of credit — liability of director as guarantor — land law — equitable mortgage/security — Statute of Frauds / requirement of written, signed memorandum — unsigned/blank documents insufficient to create charge.
|
7 February 2008 |
|
Appellate court confirmed K20,000 compensation under s.32 Penal Code, reduced prison term to 18 months, reverting to 30 months if unpaid.
-
Criminal law — Assault causing grievous harm — Compensation under section 32 Penal Code — Distinction from restitution authorities (Rep v Sidiki) — Appellate reduction of custodial sentence and conditional alternative based on compensation payment.
|
6 February 2008 |
|
Whether remand time should be credited in sentencing and non-stolen seized property returned to the appellant.
-
Criminal law — burglary and theft — sentencing — remand credit — effective date of custody — appellate intervention — return of seized personal property.
|
6 February 2008 |
|
Appellant’s active role in a fraud scheme established obtaining money by false pretences; conviction and sentence upheld.
-
Criminal law — Obtaining money by false pretences — Participation in a fraudulent scheme — Conviction sustainable where accused’s conduct caused complainant to part with money though accused did not personally receive it — Sentence of 2½ years upheld as not excessive.
|
6 February 2008 |
|
Whether a post‑suit agreement converting an overdraft into a twelve‑month secured instalment loan estops enforcement by sale.
-
Injunction — continuation; estoppel by post‑suit agreement; conversion of overdraft into secured instalment loan; registration of charges; enforcement limited to instalments in arrears; costs — each party bears own costs.
|
4 February 2008 |