Results.
7 judgments found.
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| July 2020 |
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27 July 2020 |
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27 July 2020 |
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22 July 2020 |
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Confiscation proceedings under the FCA are hybrid; burden lies with the State but shifts, and proof is balance of probabilities or clear-and-convincing depending on circumstances.
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Confiscation proceedings — Financial Crimes Act s141(2) applies to matters commenced under repealed MLA; proceedings are hybrid (in rem and part of criminal sentencing); title must be within criminal proceedings; burden primarily on State but shifts under s87(2)–(3) FCA; standard of proof bifurcated — balance of probabilities for convict's own property; clear and convincing (intermediate) where property passed to third parties or when imposing pecuniary penalties; evidence via s87 statements, oral or written.
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16 July 2020 |
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13 July 2020 |
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Insufficient proof of penetration; corroboration practice rejected; conviction substituted to indecent assault and sentence reduced to three years.
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Criminal law — Sexual offences — Defilement vs indecent assault — Proof of penetration; Evidence — Medical reports admissibility under section 180; Corroboration practice in sexual offences discriminatory and not a legal requirement; Right to silence — adverse inference impermissible; Circumstantial evidence and inferences; Sentencing principles for indecent assault on a child.
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7 July 2020 |
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Statutory simple interest awarded; claimant failed to prove loss of business and special damages, 2017 Procurement Act not retrospective.
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Assessment of damages — interest rate: statutory 5% per annum under Courts Act applies where judgment/pleadings do not specify compound or commercial rate; non-retroactivity of statutes — Procurement Act 2017 not applicable to earlier contract; loss of business — general vs special damages distinction; special damages require strict pleading and proof.
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3 July 2020 |