Results.
6 judgments found.
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| April 2015 |
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Leave for judicial review refused because statutory High Court review is an adequate alternative remedy, interpreted compatibly with the right to counsel.
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Judicial review — Wednesbury unreasonableness — alleged bias — statutory review/supervision under CP & EC and Courts Act — constitutional right to legal representation — interpretation of statutory exclusion of hearing rights.
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30 April 2015 |
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On resentencing after mandatory death invalidation, the applicant's post‑conviction rehabilitation justified a 20‑year term.
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Homicide — sentence rehearing after mandatory death invalidation — admissibility of expert declaration — relevance of post‑conviction rehabilitation on resentencing — mitigating factors and 'rarest of the rare' death‑penalty threshold.
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23 April 2015 |
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Trial held in prison without Chief Justice direction is a nullity; confessions obtained by compulsion must be excluded.
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Constitutional law — appeal or review under section 42(2)(e) — statutory expansion of rights; Criminal procedure — venue — trials in prison precincts without Chief Justice direction violate public hearing right; Evidence — confessions — section 176 CPE Code admits only relevant and admissible confessions; confessions obtained by compulsion/torture (sections 19(3), 42(2)(c)) must be excluded; procedural requirement that courts determine voluntariness as preliminary factual matter; date in charge generally not essential.
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21 April 2015 |
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Court finds the accused malingering, admits psychiatric reports, and determines the accused is mentally fit to stand trial.
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Criminal procedure — Fitness to stand trial — Court is the trier of fitness; psychiatric experts render opinion — Section 133 CP&EC — Malingering and presumption of mental capacity.
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16 April 2015 |
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14 April 2015 |
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Court referred constitutional challenge to rule banning probate proceedings in district registries to Chief Justice for certification.
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Constitutional law — Rule 2(2) Courts (High Court) (Procedure in District Registries) Rules — probate jurisdiction — district registries barred from issuing originating probate process; issues raised: access to justice (s.41(2)), effective remedy (s.41(3)), right to development (s.30), equality (s.20), High Court jurisdiction (s.108(1)), and consistency with Deceased Estates Act read with s.10(2) Constitution — referral to Chief Justice for certification under Courts Act.
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9 April 2015 |