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Citation
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Judgment date
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| July 2009 |
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Convictions for corruption quashed where payments were shown to be customary tokens, creating reasonable doubt as to corrupt intent.
Criminal law – Corrupt Practices Act s.24(1) – Distinction between customary gifts and corrupt inducements – Burden and standard of proof beyond reasonable doubt – Rehearing on appeal and safety of convictions – Custom as evidential defence to corruption charge
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22 July 2009 |
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Failure to hear mitigation led the court to reduce and backdate concurrent sentences for assault and theft.
Criminal appeal — sentence only; failure to afford opportunity for mitigation — appellate reduction of sentence; assault occasioning actual bodily harm; theft; concurrent sentences; backdating to remand
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22 July 2009 |
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Amendment of charge and recovery/identification of rifle justified conviction; nine-year custodial sentence for armed robbery upheld.
Criminal procedure – Amendment of charge (s.151(2)) – substitution of firearm type – prejudice and ends of justice; Evidence – identification and recovery of weapon linking accused to robbery; Criminal sentencing – aggravated robbery with firearm – custodial sentence and mitigating factors (health/HIV)
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22 July 2009 |
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Court affirms Industrial Relations Court compensation assessment and rejects unrelated defamation and unlawful imprisonment claims.
Employment law – unfair dismissal – assessment of compensation under s63 Employment Act – choice of salary base, multiplier and discretionary boost – Industrial Relations Court jurisdiction excludes defamation and unlawful imprisonment claims
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21 July 2009 |
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Court upheld unfair dismissal compensation and boost, ruling unrelated defamation and detention claims are outside Industrial Relations Court jurisdiction.
Employment law – unfair dismissal – assessment of compensation – use of salary at dismissal and multiplier – judicial discretion to boost award for devaluation – Industrial Relations Court lacks jurisdiction over defamation and unlawful detention claims
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21 July 2009 |
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Bailee wrongfully withheld and released a delivered engine; contingent commander converted it—damages awarded for conversion.
Bailment – bailee's duty of care; bill of lading vs customs release; wrongful detention and wrongful release; conversion of goods; measure of damages for conversion (market value/replacement cost)
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21 July 2009 |
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Possession of keys and unrecovered property, plus inconsistent purchase claims, upheld conviction; sentence reduced to 36 months.
Criminal law – Burglary and theft – Circumstantial and direct evidence – Possession of keys as link to breaking in – Credibility of defence purchase claim – Sentencing: youth as mitigatory factor balanced against breach of trust and unrecovered property
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15 July 2009 |
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Termination for alleged misuse of a trust vehicle was unfair due to authorization and lack of hearing; damages awarded.
Employment law – unfair termination; procedural fairness and right to be heard (Constitution s.43); misuse of employer property; authority to use trust vehicle; general damages for wrongful dismissal
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15 July 2009 |
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Conviction quashed due to material contradictions in prosecution evidence and improper admission of medical report under Section 180.
Criminal law – assault occasioning actual bodily harm; contradictions in prosecution evidence – reasonable doubt – admissibility of medical/expert reports – section 180(3) Criminal Procedure & Evidence Code – consent or service with notice required – improperly admitted report excluded – conviction quashed
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12 July 2009 |
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Appellate court raised compensation multiplier from 12 to 15 for unfair dismissal, emphasizing qualifications and labour-market mitigation.
Employment law – unfair dismissal – assessment of compensation under section 63(4) Employment Act – multiplier approach – factors: age, qualifications, labour market, mitigation – appellate interference with discretionary awards
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8 July 2009 |
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Court reviewed defective bail bond, rejected excessive K1.7bn demand, set reasonable non-cash bail and travel restrictions.
Criminal procedure — Bail — Defective bail bond (no sum specified) — Proper remedy: review under s.362 Criminal Procedure and Evidence Code — s.12B Corrupt Practices Act — Bail must not be excessive; rumours insufficient to justify high bail — Excessive bail tantamount to denial of liberty
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7 July 2009 |
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Withdrawal and reallocation of an allocated plot quashed for failure to give reasons and opportunity to be heard.
Administrative law — Procedural fairness; Section 43 Constitution — right to reasons and hearing; Wednesbury unreasonableness; development delays caused by authority; Section 44(4) expropriation not established; re-entry/land reallocation
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6 July 2009 |
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Appellate court finds matrimonial home jointly owned (2/3–1/3), quashes unsupported damages, and orders husband to build wife a house within one year.
Family law – customary marriage – matrimonial property: wife’s direct/indirect contributions can create joint interest; equitable division (2/3–1/3)
Family law – custody: welfare principle supports awarding custody to primary caregiver. Civil damages: awards must be supported by evidence. Customary law obligation: husband required to build a house for customary wife; obligation survives divorce
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6 July 2009 |