Results.
8 judgments found.
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| April 2026 |
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Court substituted imprisonment with compensation to secure the convict’s parental responsibility and child welfare.
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Criminal law — Sexual offences — Sexual intercourse with person under 18 — Consent immaterial under section 138(1) Penal Code
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Criminal procedure — Sentencing and disposal — Compensation and discharge as alternative to imprisonment under section 32 Penal Code and section 337(1)(c)(i) Criminal Procedure and Evidence Code
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Family law — Civil remedies — Victim’s right to pursue maintenance under section 96 Marriage Divorce and Family Relations Act
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1 April 2026 |
| January 2026 |
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Withdrawal of a bail application does not terminate criminal proceedings; the court may grant release and issue case-management directions to protect liberty.
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Constitutional rights — personal liberty and 48-hour rule — withdrawal of bail application — effect on ongoing criminal proceedings — habeas corpus as appropriate remedy — court's discretion to grant reliefs mero motu; case management and disclosure obligations.
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20 January 2026 |
| June 2024 |
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Whether a spouse’s omission to obtain urgent care plus toxicology and circumstantial evidence establish murder.
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Criminal law — Murder: elements (death, unlawful act/omission, malice aforethought) — Circumstantial evidence and last-seen doctrine — Post-mortem toxicology and algor mortis — Omission by spouse to obtain urgent care as actus reus/mens rea — Admissibility/weight of caution statement.
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6 June 2024 |
| January 2024 |
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Applicant discharged under section 247 due to prosecutorial inability to produce evidence; court warns against prosecutions without evidence.
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Criminal procedure — Discharge under section 247 CP & EC where prosecutor unable/unwilling to proceed; discontinuance as DPP's exclusive constitutional power; inapplicability of section 270 at substantive trial stage; prosecutorial duty to terminate prosecutions lacking credible evidence; abuse of process and protection of personal liberty.
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9 January 2024 |
| June 2022 |
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High Court referred whether criminal libel law violates freedom of expression to the Chief Justice, staying trial pending certification.
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Constitutional law — Freedom of expression — Criminal libel; limitation test under section 44 and compatibility with ICCPR art.19 and ACHPR art.9(2)
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Constitutional procedure — Certification and referral — Power of subordinate courts and applicability of CPR; High Court's inherent jurisdiction to refer constitutional questions arising in criminal proceedings
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Civil procedure — Scope of CPR (O.19) — Inapplicability to criminal proceedings; procedural lacuna and regulation of panel procedure by the High Court
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20 June 2022 |
| February 2021 |
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Whether mosquito coils qualify as pesticides and whether leave for judicial review of their detention should be granted.
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Administrative law — Judicial review (leave stage) — Pesticides Act — Definitions of "pest" and "pesticide" — Mosquito coils as pesticides — Importation of unregistered pesticides prohibited — Ignorance of law not a defence.
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22 February 2021 |
| November 2018 |
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Conviction for theft by conversion upheld; sentence reduced due to trial court's impermissible sentencing considerations.
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Criminal law — Theft by conversion — Lawful initial possession can be converted into theft by subsequent dishonest acts (failure to return, dismantling parts).; Sentencing — Appellate interference where sentence is based on wrong principles or manifestly excessive.; Sentencing principles — Family conduct and ability to afford counsel are irrelevant and impermissible considerations in sentencing.
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21 November 2018 |
| October 2018 |
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Whether a clear guilty plea and properly drafted charge sustain conviction for unlicensed possession of medical products; sentence reduced.
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Criminal law — guilty plea — plea clarity and effect; Sufficiency of charge under Pharmacy, Medicines and Poisons Act (s.45, s.65); Valuation of seized medical products — evidential role; Sentencing — application of Fines (Conversions) Act, proportionality and reduction of sentence.
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12 October 2018 |