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Citation
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Judgment date
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| May 2022 |
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Lower court's distribution of matrimonial property without a hearing was irregular; High Court set aside the order and ordered retrial.
Matrimonial property — Distribution requires hearing and evidence — Necessity of parties testing each other’s evidence — Courts Act (s26, s28) supervisory review — Retrial ordered — Preservation of property pending retrial.
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27 May 2022 |
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Prolonged unexplained pre-trial detention and the State's failure to comply with court directions justified bail with conditions.
Criminal procedure – Bail pending trial – Prolonged pre-trial detention and State's unexplained failure to comply with court directions – Change of circumstances justifying bail – Conditions of release.
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27 May 2022 |
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The applicant failed to prove joint ownership or beneficial interest; neither disputed asset qualified as matrimonial property.
Matrimonial property — Joint ownership — Intention and contribution test (Sikwese v Banda) — Beneficial interest — Registration/insurance not conclusive — Credibility of witnesses in property claims
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27 May 2022 |
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Claimant failed to prove driver’s negligence on the balance of probabilities; claim dismissed; parties to bear their own costs.
Motor-vehicle negligence — cyclist injury — burden of proof on balance of probabilities — credibility of witnesses — limited weight of police opinion — impact on vehicle side suggests cyclist swerved into truck.
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26 May 2022 |
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Minister acted without statutory authority and breached right to fair administrative action; his decision and the lessor's action were quashed.
Administrative law — Judicial review — Ministerial powers under Statutory Bodies (Control of Contracts) Act — Scope of "contract" — Jurisdictional limit; Natural justice — Right to hearing and reasons — Section 43 Constitution; Invalidity and quashing of administrative decisions; Property rights affected by administrative action.
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26 May 2022 |
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A High Court judge may lawfully continue to exercise subordinate court powers and preside over an ongoing magistrates’ trial after elevation.
Courts Act s5A – Powers of High Court judges to exercise subordinate court jurisdiction; Criminal Procedure & Evidence Code s360 – High Court review of subordinate court records; Supervisory jurisdiction under Courts Act s26(1) to be exercised sparingly; Professional conduct – baseless allegations of judicial personal interest.
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25 May 2022 |
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Bail denied pending trial for alleged murder due to flight risk given offence seriousness, case strength, and inconsistent account.
Bail — Murder charge — Risk of absconding — Bail Guidelines Act factors: seriousness, strength of case, likely sentence, ties and travel — Conflicting accounts and manner of arrest — Speedy trial directions.
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23 May 2022 |
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Assessment of personal injury damages: separate awards for pain, loss of amenities, disfigurement; hearsay objection not entertained.
Personal injury — assessment of damages — heads: pain and suffering, loss of amenities, disfigurement — hearsay objection at quantum stage — separate assessment of damage heads.
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20 May 2022 |
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Claimant with Minister-granted lease entitled to injunction and damages for defendant's trespass; alleged right of way and fraud claims dismissed.
Public land — Minister-granted lease — Trespass to land — Public road and right of way — Right of way of necessity — Burden and weight of evidence; refusal to be cross-examined — Counterclaim alleging fraudulent acquisition of lease dismissed.
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20 May 2022 |
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Assessment of non‑pecuniary damages for amputation, pain and reduced capacity; award of K5,500,000 plus costs.
Personal injury – Assessment of damages – Default judgment – Non‑pecuniary damages: pain and suffering, loss of amenities (incapacity), disfigurement – Use of precedents to fix quantum – Award of costs.
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20 May 2022 |
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Assessment of damages for unlawful arrest, malicious prosecution, defamation and assault by police against the State.
Tort — False imprisonment; Malicious prosecution; Defamation; Assessment of non-pecuniary damages; Vicarious liability of State for actions of police; Special damages for medical reports.
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20 May 2022 |
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Claim dismissed: no proved year-long written contract, insufficient proof of crop loss, and defamation not established.
Contract formation – requirement of signed agreement and offer/acceptance; implied contract by conduct; proof of loss in crop claims – need for reliable estimation evidence; defamation – publication, justification, and need to prove reputational harm or actionable imputation.
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20 May 2022 |
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Default judgment set aside where defendants showed reasonable excuse for delay and an arguable customary‑law defence.
Default judgment – setting aside – Order 12 r.21 – delay explanation – meritorious defence; Customary land disputes – Customary Land Act 2016 – non‑operational tribunals – High Court original jurisdiction.
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20 May 2022 |
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Assessment awards K3,000,000 for pain and suffering, K1,000,000 for loss of amenities, K300,000 for disfigurement; special damages denied.
Personal injury – assessment of damages – fractured jaw, loose tooth, cut and bruises – awards for pain and suffering, loss of amenities and disfigurement – failure to prove special damages – insurer liability subject to policy limit.
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20 May 2022 |
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Assessment of damages for severe personal injuries, determining quantum and rejecting unproved special damages.
Personal injury — Assessment of damages — Pain and suffering, loss of amenities, disfigurement, loss of earning capacity — Special damages must be pleaded and strictly proved — Global award where claimant not yet earning — Assessment in absence of insurer after service.
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20 May 2022 |
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Sentencing for repeated defilement of a nine‑year‑old by her stepfather increased from 21 to 40 years' imprisonment.
Criminal law – Defilement of a child – Sentencing – Aggravating factors: guardian/stepfather relationship, repeated offences, victim age (nine), physical injury – Manifestly inadequate sentence increased from 21 to 40 years – Prosecutorial charging practices.
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18 May 2022 |
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Conviction quashed where conflicting evidence, inadequate credibility findings and improper use of court-called witness created reasonable doubt.
Criminal law — Evidence and credibility — Conflicting witness accounts; duty to state reasons for credibility findings — Court-initiated witnesses under s.201 — Private arrest and reasonable use of force (ss.33,20 Criminal Procedure and Evidence Code) — Acquittal for reasonable doubt.
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18 May 2022 |
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Consent induced by fraudulent medical pretence vitiates consent; conviction confirmed and sentence increased for breach of trust.
Criminal law — Rape — Consent vitiated by fraudulent medical pretence; position of trust; aggravating factors; sentence enhancement.
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18 May 2022 |
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Assessment of damages for amputation of fingers: awards for non-pecuniary loss and loss of earning capacity; no past earnings award due to lack of proof.
Personal injury — workplace amputation of fingers — assessment of damages for pain and suffering, loss of amenities, disfigurement and loss of earning capacity — use of minimum wage and 10-year multiplicand — no award for unproven past earnings — assessment in default.
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13 May 2022 |
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Sale of imported vehicle without the statutorily required gazetted notice was unlawful; claimant entitled only to vehicle value under s154(2).
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12 May 2022 |
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Registrar awards K4,231,400 costs including K1,000,000 instruction fee and declines to decide insurer's liability for costs due to lack of jurisdiction.
Civil procedure – assessment of party-and-party costs – instruction fees payable under Order 31 rule 10(1) – assessment amount set – registrar lacks jurisdiction to interpret or vary a judge’s prior order as to insurer’s liability for costs.
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11 May 2022 |
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Court rejects death penalty and imposes long concurrent prison terms for murder, tissue extraction and aggravated trafficking of an albino victim.
Sentencing — death penalty inappropriate under constitutional prohibition of cruel, inhuman or degrading punishment; offences against persons with albinism — premeditation, betrayal of trust, dismemberment and trafficking warrant very severe custodial sentences; extraction of human tissue (s.224A) and aggravated trafficking may attract life‑term severity; first‑offender status and age are mitigating but can be outweighed by aggravating circumstances.
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11 May 2022 |
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Accused convicted of murder, extraction of human tissue and trafficking of a person with albinism based on confessions and corroborative circumstantial evidence.
Criminal law – Murder (malice aforethought); Extraction of human tissue – unlawful removal and purpose; Trafficking in persons – obtaining by deception for exploitation; Admissibility and weight of retracted confessions and voluntary video narration; Circumstantial evidence and alibi.
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9 May 2022 |
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Failure to exhaust available administrative remedies (payment plan) bars judicial review of a tax demand without a pre‑action hearing.
Tax law – ‘pay now, argue later’ (section 105 Taxation Act); administrative law – pre‑action hearing, Wednesbury unreasonableness; exhaustion of alternative remedies; right to fair administrative action (section 43 Constitution).
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6 May 2022 |
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Whether an industrial court may reinstate an employee ex parte and whether such decisions are subject to judicial review.
Judicial review — amenability of lower court decisions; interim relief — ex parte applications; Industrial Relations Court Procedure Rule 25(1)(m)(i); reinstatement as final remedy under section 63 Employment Act; ultra vires/Wednesbury review.
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6 May 2022 |
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An educational institution not shown to operate commercially is entitled to full statutory remission; council must refund rates collected since 2017.
Local Government Act s83(1)(e) – remission of rates for educational institutions not operating commercially; valuation roll – omission of 'full remission' does not defeat statutory remission; s76 objection provisions inapplicable to remission entitlement; onus on council to prove commerciality; recovery of money paid ultra vires as money had and received; costs – each party to bear own costs.
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4 May 2022 |
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Court granted bail pending trial where no evidence of flight risk, witness interference, or danger to the public was shown.
Criminal procedure – Bail pending trial – Application under Bail Guidelines Act – Considerations: risk of evasion; witness interference; destruction of evidence; danger to public; balancing accused’s personal circumstances against interests of justice – remand duration.
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4 May 2022 |
| April 2022 |
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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.
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28 April 2022 |
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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.
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27 April 2022 |
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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.
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27 April 2022 |
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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.
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27 April 2022 |
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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.
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26 April 2022 |
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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.
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26 April 2022 |
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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.
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26 April 2022 |
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26 April 2022 |
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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.
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22 April 2022 |
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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).
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22 April 2022 |
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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.
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22 April 2022 |
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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.
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21 April 2022 |
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Documents filed by the respondents' unlicensed counsel were declared nullities and the applicant’s provisional injunction was set aside.
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21 April 2022 |
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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.
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20 April 2022 |
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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.
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19 April 2022 |
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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.
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19 April 2022 |
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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.
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19 April 2022 |
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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.
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19 April 2022 |
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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.
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13 April 2022 |
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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.
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11 April 2022 |
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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).
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7 April 2022 |
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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.
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7 April 2022 |
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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.
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6 April 2022 |