Results.
13 judgments found.
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| July 2009 |
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Convictions quashed where open customary tokens, not solicitations, raised reasonable doubt about corruption.
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Criminal Law — Corruption — Distinguishing customary gifts from corrupt inducements
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Evidence — Standard of proof — Reasonable doubt where prosecution evidence is contradictory
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Appeal — Rehearing — High Court entitled to re‑evaluate evidence and substitute findings
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22 July 2009 |
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Court reduced sentences where appellants were not allowed to present mitigation before sentencing.
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Criminal Law
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Sentencing — Failure to afford opportunity to mitigate — Appeal and reduction of sentence
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Offences — Assault occasioning actual bodily harm; Theft — Concurrent sentences and backdating to commencement of custody
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22 July 2009 |
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Charge amendment and rifle identification upheld; the applicant's conviction and nine-year sentence for aggravated robbery affirmed.
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Criminal Law
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Robbery — Use of Firearm — Admissibility and evidential weight of recovered weapon for identification
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Evidence — Sufficiency where perpetrators not personally identified but property (weapon) links accused to offence
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Criminal Procedure — Amendment of Charge — Substitution of weapon description under s151(2) — Prejudice and ends of justice
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Sentencing — Mitigation — HIV status — Custodial sentence for aggravated robbery involving firearm
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22 July 2009 |
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Court upheld Industrial Relations Court's compensation award for unfair dismissal and ruled tort claims must be pursued in regular courts.
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Employment Law — Unfair Dismissal — Assessment of compensation, selection of multiplier and mitigation factors — Employment Act s63
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Civil Procedure — Appeal from Industrial Relations Court — Distinction between factual and legal issues on appeal — Labour Relations Act s65(2)
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Civil Remedies — Tort claims (defamation, unlawful detention) — Jurisdictional limits of Industrial Relations Court — Pursue in regular courts
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21 July 2009 |
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High Court upheld IRC’s compensation award; claims for unlawful detention or defamation are not for the IRC.
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Labour Law — Unfair Dismissal — Assessment of Compensation — Court’s discretion on multiplier and boosting award — Employment Act s63(1)(c), s63(6), s35
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Civil Procedure — Appealability from Industrial Relations Court — Scope under Labour Relations Act s65(2) — Legal basis vs factual issues
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21 July 2009 |
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A bailee who refuses the applicant’s valid claim and releases goods to another is liable for wrongful detention and conversion.
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Tort
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Bailment — Bailee’s duty when faced with competing title claims and wrongful detention
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Conversion — Wrongful taking and disposition of goods collected from bailee
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Remedies — Measure of damages for conversion (market value at date of conversion; replacement cost when market value not proved)
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21 July 2009 |
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Possession of keys and recovered stolen bicycles supported conviction; applicant’s sentence reduced to 36 months.
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Criminal Law
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Offences Against Property — Breaking into a building and theft under s.311(1) — Weight of identification evidence and recovery of stolen goods
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Evidence — Possession of keys and recovered property — Inference of participation in burglary
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Sentencing — Youthful offender and breach of trust — Appropriate custodial sentence and reduction from appellate court
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15 July 2009 |
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Termination without fair hearing for alleged unauthorised use of an employer vehicle was unfair; applicant awarded damages.
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Employment Law — Termination of Employment — Unauthorised use of employer vehicle alleged as misconduct — Procedural fairness and right to be heard under Constitution s43
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15 July 2009 |
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Appeal allowed: conviction quashed due to contradictory evidence and improperly admitted medical report under s180 CP&EC.
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Criminal Law
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Evidence — Expert medical report — Admissibility and compliance with s180(1) and s180(3) Criminal Procedure & Evidence Code
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Proof — Inconsistencies in prosecution witnesses — Reasonable doubt and requirement to prove assault occasioning actual bodily harm (s254 Penal Code)
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12 July 2009 |
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Appellate court raised unfair-dismissal compensation multiplier from 12 to 15 months, recalculating the award; costs borne by each party.
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Employment Law — Unfair Dismissal — Assessment of compensation — Use of multiplier and consideration of mitigation — Employment Act s 63(4)
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Civil Procedure — Appellate Review — Interference with discretionary assessment — Only where guiding legal principles not followed
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8 July 2009 |
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Court reviewed a defective bail bond, refused excessive bail request, and set a reasonable bond with conditions.
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Criminal Law — Bail — Review and enlargement of bail bond — Proper procedure under Section 362 Criminal Procedure and Evidence Code, not Section 12B Corrupt Practices Act — Bail must not be excessive (ss 118(2), 121(1) CP&E)
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7 July 2009 |
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Whether withdrawing an allocated plot without proper notice, reasons and hearing violated constitutional administrative justice.
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Administrative Law —
Judicial Review
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Procedural fairness; right to written reasons and hearing under Section 43(b) of the Constitution — Adequacy of reasons and notice
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Wednesbury unreasonableness — Short grace period and summary reallocation without hearing
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Property/Land Law — Expropriation v Re‑entry — Whether withdrawal amounted to expropriation under Section 44(4) or lawful re‑entry for breach — Land Act principles
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6 July 2009 |
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Court adjusted property split, quashed unsupported compensation, confirmed custody and ordered husband to build wife a customary house.
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Family Law
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Matrimonial Property — Joint ownership and division where spouse directly or indirectly contributes to construction of house
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Custody — Best interests and welfare of children justify awarding custody to primary carer
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Customary Law — Husband’s obligation to build wife a house — Obligation can subsist after divorce; enforceable by court order
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6 July 2009 |