|
|
|
| April 2022 |
|
|
Court imposed life for murder but 25-year terms for tissue extraction and trafficking despite aggravating circumstances.
Criminal law – Sentencing for murder, extraction of human tissue and trafficking in persons – aggravated circumstances (victim's age, albinism, relative involvement, purpose of body-part removal) – worst-offender/death-penalty test – mitigation (first offender, confession, cooperation) – discretionary imposition of life versus fixed-term sentences.
|
28 April 2022 |
|
Forfeiture under section 168 is limited to specified offences; convictions affirmed and matter remitted for resentencing.
Criminal law – Road Traffic Act – Forfeiture of vehicle under section 168 – Applicability limited to offences under section 83 or regulations under s.181(1)(d),(i),(n),(q).; Criminal procedure – Plea of guilty – omission to cite penalty section (s.167) – not fatal if no failure of justice; Sentencing – obligation to sentence on each count before ordering ancillary relief.
|
27 April 2022 |
|
Convictions for unlicensed, uninsured and unregistered motorcycle upheld; forfeiture under s.168 set aside as inapplicable.
Road Traffic Act — forfeiture under s.168 — limited to convictions under s.167(1) as read with s.83 or regulations under s.181(1)(d),(l),(q) — forfeiture unavailable for offences under s.18, s.141, s.11; Conviction on plea; sentencing irregularity — failure to sentence on each count; omission to cite penalty section curable.
|
27 April 2022 |
|
Appellate court upholds magistrate’s revocation of bail where deliberate delays and flight risk justified remand; orders speedy trial.
Criminal procedure – Bail revocation – Interests of justice – Flight risk and deliberate delays in proceedings – Seriousness of offence (life/death sentence) as factor justifying remand.
|
27 April 2022 |
|
Confirmation of 11‑year sentence for adult convicted of defilement of a 15‑year‑old; potential abduction and multiple counts noted.
Criminal law – Defilement (s.138(1) Penal Code) – Abduction (s.136 Penal Code) – Charging all relevant offences and separate counts for multiple occasions – Late guilty plea – Confirmation of sentence.
|
26 April 2022 |
|
Court confirmed burglary conviction where property was removed through an opened window despite entry via an open door.
Criminal law – Burglary vs theft – Breaking requirement under s301 Penal Code – Entry through open door but removal through opened window constitutes breaking out – Sentence confirmation on review.
|
26 April 2022 |
|
Confirmation court increased sentence for aggravated robbery due to weapon use, multiple assailants, and serious wounds.
Criminal law – Aggravated robbery – Sentencing – Use of dangerous weapon and acting in company – Wounding – Confirmation proceedings – Court may increase an inadequate sentence.
|
26 April 2022 |
|
|
26 April 2022 |
|
Lower court’s reliance on respondent’s Portuguese documents without translation warranted remittal for further evidence.
Evidence — foreign-language documents — requirement for translation/expert explanation before acceptance; Civil appeal — rehearing and remittal for further evidence; Property — interim preservation of disputed chattel; Documentary discrepancies — model, chassis and engine identification.
|
22 April 2022 |
|
High Court increased concurrent prison terms for identity-document loan fraud, finding magistrate’s sentences manifestly inadequate.
Criminal law – Forgery – Uttering a false document – Obtaining credit by false pretences – Use of another’s national identity card – Sentencing – Manifestly inadequate sentence – Aggravating factors (premeditation, victim loss, lack of remorse).
|
22 April 2022 |
|
Whether the prosecution proved causation and malice for murder; insufficient evidence and inadmissible postmortem hearsay led to acquittal.
Criminal law – Murder – Prima facie case to answer under s.254 CP&EC – Causation and substantial/operating cause – Malice aforethought – Inadmissibility of hearsay where postmortem report not tendered – Application of R v Smith/Cheshire principles.
|
22 April 2022 |
|
Court set aside provisional interlocutory injunction and declared documents filed by an unlicensed practitioner nullity.
Legal practice licence — Legal Education and Legal Practitioners Act — validity of documents filed by an unlicensed practitioner — nullity of steps — interlocutory injunction criteria (serious question, inadequacy of damages, balance of convenience) — inherent jurisdiction — referral for disciplinary action.
|
21 April 2022 |
|
Documents filed by the respondents' unlicensed counsel were declared nullities and the applicant’s provisional injunction was set aside.
:[
|
21 April 2022 |
|
Assessment of damages cannot proceed absent a judge's formal order terminating mediation and directing assessment.
Civil procedure – mediation – assessment of damages – Registrar's powers exercisable subject to judge's directions – requirement of formal order terminating mediation before assessment – insurer policy limits and apportionment to be determined in main judgment.
|
20 April 2022 |
|
Oversight or negligence by counsel does not justify setting aside a default judgment absent leave to file out of time.
Default judgment – Application to set aside – Service admitted – Failure to file defence within prescribed time – Oversight/negligence by counsel insufficient – No application for leave to file out of time – Assessment of damages ordered.
|
19 April 2022 |
|
Assessment of unfair dismissal, overtime and severance; court applied Employment Act principles and awarded specified sums.
Employment law – unfair dismissal – assessment of compensation under s63(4)–(5) Employment Act – overtime pay under s39 – severance under s35 – mitigation of loss – deduction of prior payments.
|
19 April 2022 |
|
Application to set aside default judgment refused for inordinate delay; matter to proceed to damages assessment.
Civil procedure – Setting aside default judgment – Inordinate delay – Service on legal representative – Alleged missing court file – Negligence of counsel does not excuse prejudice to the opposing party.
|
19 April 2022 |
|
Application to set aside default judgment refused for inordinate delay and inadequate justification for non-attendance.
Civil procedure — setting aside default judgment — inordinate delay — service on legal representatives — negligence of counsel and missing court file — restoration of struck-out defence.
|
19 April 2022 |
|
Procedurally defective late appeal dismissed; lower court's property and maintenance orders upheld; variation must be sought in lower court.
Civil procedure – appeal from subordinate court – requirement for notice of appeal and leave to appeal out of time; Matrimonial property – distribution of matrimonial home; Maintenance – arrears, contempt and variation procedure under Child Care Protection and Justice Act.
|
13 April 2022 |
|
Conviction for harmful cultural practices quashed where charge particulars, plea-taking and supporting facts failed to establish essential elements.
Criminal law — Harmful cultural practices (s80, s83 CCPJA) — Sufficiency of particulars — Plea-taking requirements (s251 CP&EC) — Necessity of proving elements and nexus to harm — Defective pleas fatal — Conviction quashed; sentence set aside — Retrial declined.
|
11 April 2022 |
|
DPP‑appointed ACB officers may prosecute offences beyond the Corrupt Practices Act if validly authorised.
Corrupt Practices Act; appointment of public prosecutors; Director of Public Prosecutions; Criminal Procedure and Evidence Code s79; ACB power to prosecute non‑corruption offences; statutory interpretation of s10(1)(f).
|
7 April 2022 |
|
First accused convicted of murder, unlawful extraction of human tissue and trafficking; two co-accused acquitted for insufficient evidence.
Criminal law – murder, mutilation and trafficking in persons; admissibility and corroboration of retracted confession; confession not admissible against co‑accused unless adopted; circumstantial evidence and identification of human remains.
|
7 April 2022 |
|
Eyewitness evidence established driver negligence; owner and insurer vicariously liable, police report disregarded for lack of author’s testimony.
Motor vehicle negligence – duty of care of driver – credibility of eyewitness evidence – balance of probabilities – vicarious liability of owner and insurer – inadmissibility/weight of police report where author absent – contributory negligence pleaded.
|
6 April 2022 |
|
Conviction for trafficking quashed for lack of evidence of requisite intent to exploit; possible immigration offence but no retrial.
:[
|
6 April 2022 |
|
Trafficking conviction quashed for failure to prove requisite knowledge of exploitation; conduct may amount to an immigration offence.
Trafficking in persons – sufficiency of particulars – mens rea/knowledge of exploitation required – distinction between trafficking and immigration offences – evidence must disclose intent to exploit.
|
6 April 2022 |
|
Whether the applicant should be granted bail pending murder trial and what conditions are necessary to protect the administration of justice.
Criminal procedure — Bail pending trial — Presumption of innocence — Bail Guidelines Act: risk of evasion, witness interference, danger to community, public order — State's burden to justify detention — Conditional bail and timelines for committal and disclosure.
|
6 April 2022 |
|
The applicant sued the wrong party; claims should have been brought against the ACB/Director under s.5A.
:[
|
1 April 2022 |
|
Employer liable for employee injuries from a defective gate; breach of statutory and common-law duty, damages awarded.
Personal injury — Employer's duty of care — Negligence — Breach of Occupational Safety, Health and Welfare Act s13(2)(a) — Employee's duty s18(a) — Res ipsa loquitur — Contributory negligence — Assessment of damages and costs.
|
1 April 2022 |
|
The Ombudsman exceeded jurisdiction by investigating a dispute with available court remedies and against a private company.
Ombudsman jurisdiction – section 123(1) Constitution – availability of remedies – jurisdiction limited to public bodies – judicial review of Ombudsman determinations – scope to interpret law during inquiries.
|
1 April 2022 |
|
The Ombudsman acted beyond jurisdiction by investigating a dispute involving a private company despite reasonably available court remedies.
Ombudsman jurisdiction – constitutional limits under section 123(1) – reasonably available remedy by court – Ombudsman Act and section 124: investigatory powers limited to public bodies – inquiry into private entity exceeds jurisdiction – judicial review of administrative action.
|
1 April 2022 |