Results.
84 judgments found.
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| October 2024 |
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High Court found a substantive customary marriage despite statutory publication lapses and re‑ordered equitable distribution, directing executive action on MDFRA implementation.
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Family law — customary marriage formalities under MDFRA (ss.26–29) — effect of non‑compliance — recognition of marriage by substance and conduct; distribution of matrimonial property — principles of fairness, equitable/shared ownership and proof; jurisdiction of magistrate courts in customary divorce matters; state obligation to operationalize MDFRA registration regime.
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4 October 2024 |
| July 2024 |
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Convictions upheld; enhanced sentences set aside because the appellant was not given notice or a hearing before enhancement.
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Criminal law — Defilement and child trafficking — Convictions upheld; Sentence enhancement — appellate increase set aside for failure to afford audi alteram partem — Right to be heard before adverse sentencing order — Late filing of skeleton arguments allowed as exception — State nonattendance at apex court criticized.
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23 July 2024 |
| May 2024 |
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Appeal dismissed for lack of mandatory leave and lateness; review misuse condemned and stays discharged for prompt prosecution.
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Criminal procedure — Appeals from High Court in criminal review — Mandatory requirement for leave under section 11(2) — Time limits for notice of appeal under section 17(1) — Misuse of review as substitute for appeal — Stays discharged and case remitted for directions.
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2 May 2024 |
| April 2024 |
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Retrospective application of the FCA was found by necessary implication but did not violate constitutional protections against conviction for non-offences.
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Constitutional law — retrospectivity of statutes — Financial Crimes Act section 42 vs repealed MLA section 35 — interpretation of saving provision section 141(2) FCA — right not to be convicted for non-existent offence and protection against harsher retrospective penalties — procedural commencement via constitutional referral (Order 19 CPR).
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10 April 2024 |
| March 2024 |
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Bank’s report to police not actionable as false imprisonment or defamation; claimant failed to prove medical causation or special damages.
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False imprisonment — distinction between reporting to police and laying charges; police’s independent discretion; defamation by imprisonment — imputations attributable to detaining authority; damages — causation and authentication of medical evidence; special damages must be specifically pleaded and proved.
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30 March 2024 |
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Prosecution must authenticate photo/video evidence, but acquittal stands where grievous harm under section 235(a) is not proved.
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Evidence — Admissibility of photographs and video — Section 179 CP&EC — Prima facie authentication by competent witness; Burden on prosecution to establish provenance and originality
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Criminal law — Section 235(a) Penal Code — Elements require unlawful wounding or grievous harm plus intention; medical evidence relevant to actus reus
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Criminal procedure — Review powers — High Court may correct misdirections but cannot substitute convictions for offences not charged; alternative verdicts constrained by Supreme Court authority (State must amend)
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20 March 2024 |
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Claims for false imprisonment, defamation and malicious prosecution failed; conversion established only as to retained office chattels, not the claimed money.
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False imprisonment — distinction between reporting a crime and laying charges; Malicious prosecution — must prove prosecution by defendant, favourable termination, lack of reasonable cause and malice; Conversion — wrongful retention of chattels and denial of access; Pleadings — evidence inconsistent with pleadings may be rejected; Civil standard of proof — balance of probabilities.
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19 March 2024 |
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Appellate court found the purported will invalid, held customary law must be proved under section 64, and restored land to the appellant and siblings.
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Succession and customary land — validity of will under DEWIPA — DEWIPA prevails over customary law on inheritance — customary law is a question of fact requiring proof under section 64 Courts Act — proof required before land can be treated as attached to chieftaincy — Magistrate court jurisdiction and remedies for property loss.
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18 March 2024 |
| January 2024 |
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Assessment of quantum for unfair dismissal, gratuity, pension and notice pay under Defence Force Regulations.}
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29 January 2024 |
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Whether a Final Third-Party Debt Order can be set aside for alleged misrepresentation of claimant’s status (sole trader v partnership).
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Civil procedure — Third-Party Debt Order — application to set aside Final Third-Party Debt Order; Partnership law — status of claimant (sole trader v partnership) and effect on liability; Courts (High Court) (Civil Procedure) Rules 2017 — Order 28 rule 17 — objections pre-final order; Abuse of process — striking out.
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29 January 2024 |
| December 2023 |
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Repeat defilement offender given 30 years’ imprisonment with hard labour due to aggravating factors outweighing mitigation.
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21 December 2023 |
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After mandatory death sentence invalidation, resentencing applies general sentencing principles and resulted in 36 years' imprisonment.
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Criminal law — Resentencing after mandatory death sentence declared unconstitutional — Application of general sentencing principles — Admissibility of unsworn statements at resentencing — Aggravating factors: weapon use and group action — Mitigating factors: absence of premeditation, youth, first offender status, rehabilitation — Fixed term 36 years with hard labour.
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20 December 2023 |
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Resentencing after mandatory death penalty invalidation; court imposed 34‑year terms, crediting health and first‑offender status.
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Constitutional law — resentencing after invalidation of mandatory death sentences; sentencing principles; aggravating factor: group action; mitigating factors: serious ill‑health (HIV/AIDS) and first‑offender status; custodial time accounted for; 34‑year custodial terms imposed.
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20 December 2023 |
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On resentencing after an invalid mandatory death sentence, court imposed 42 years’ imprisonment, finding premeditation but insufficient culpability for life or death.
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Criminal law — Resentencing after unconstitutional mandatory death sentence — Sentencing principles on resentencing — Aggravating factor: premeditation — Mitigating factors: first offender accepted; alleged mental illness and character evidence not given weight due to inadmissibility — Sections 339/340 relief declined — Sentence of 42 years’ imprisonment with hard labour.
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20 December 2023 |
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Resentencing after unconstitutional mandatory death: court applies sentencing principles and imposes 37 years' imprisonment for murder.
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Resentencing after unconstitutional mandatory death — general sentencing principles apply — aggravating: weapon used, premeditation — mitigating: youth and first offender — unsworn statements carry no weight — time served considered.
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20 December 2023 |
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Prosecution failed to prove theft or gross negligence where employer’s lax banking practices created reasonable doubt.
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Criminal law — Theft by public servant (s283) — presumption of theft and burden to rebut; Negligence by public servant (s284) — requires high degree of gross negligence or recklessness; employer lax banking procedures and corroborated explanation created reasonable doubt.
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1 December 2023 |
| October 2023 |
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Bail granted where State failed to prove flight risk or danger to applicant's life, subject to conditions.
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4 October 2023 |
| September 2023 |
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Violent, wilful disobedience of court orders warranted reinstated committal, fine, and police-enforced demolition.
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Contempt of court — wilful disobedience of injunctions — violent public obstruction — reinstatement of suspended committal and fine — police-assisted enforcement and demolition — payment of costs
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29 September 2023 |
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Court upheld conviction on an unequivocal guilty plea and affirmed a 14-year sentence for defilement despite appellant's challenge.
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Criminal law — Defilement — Plea of guilty — Section 251 CPE — Requirement that accused understands nature and consequences — Interpretation of plea — Appeals confined to record — Sentencing: 14-year starting point for defilement, mitigation vs aggravation.
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20 September 2023 |
| August 2023 |
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Whether reporting missing funds amounted to false imprisonment or malicious prosecution of the applicant.
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Tort — False imprisonment: liability where defendant laid a charge versus mere reporting to police; Malicious prosecution: elements — initiation, lack of reasonable/probable cause, malice, favourable termination; Defamation: need to prove specific defamatory words and publication; Legal costs reimbursement requires documentary evidence; Costs award — partial costs granted to successful head of claim.
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9 August 2023 |
| June 2023 |
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Applicant with cannabis-triggered violent episodes granted bail subject to strict conditions and a mandatory mental-health treatment plan.
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Bail — right to bail not absolute — interests of justice and Bail Guidelines — delay in prosecution and unlawful remand — substance-induced psychiatric risk — bail conditional on mental-health outpatient plan and strict security measures.
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15 June 2023 |
| May 2023 |
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Policy forcing Rastafarian children to cut dreadlocks for school admission violates rights to religion, education and equality.
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Constitutional law — freedom of religion — manifestation by hair (dreadlocks) — right to education — equality and non‑discrimination — administrative law — policy (written or unwritten) amenable to review — Wednesbury irrationality and proportionality — reasonable accommodation — remedies: declarations, certiorari, mandamus, costs.
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8 May 2023 |
| February 2023 |
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Magistrates’ courts lack inherent jurisdiction to stay and refer constitutional questions; bail refused for insufficient supporting information.
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Bail — evidential burden on applicant; consideration of risk to witnesses post-investigation; seriousness of offence as factor in bail; magistrates' courts lack inherent jurisdiction to stay criminal proceedings or refer matters for constitutional certification; entrapment/agent provocateur claim was not a basis for referral in magistrates' court.
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21 February 2023 |
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Magistrate courts lack inherent jurisdiction to stay proceedings for constitutional certification; bail refusal upheld due to insufficient applicant evidence.
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Criminal procedure — Bail — accused's evidential burden to raise facts for release; consideration of likelihood of witness interference and seriousness of offence — Magistrate courts' jurisdiction — lack of inherent jurisdiction to stay proceedings or refer matters for constitutional certification — Referral for certification — agent provocateur/entrapment allegation.
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21 February 2023 |
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A guilty plea entered without confirming understanding and absence of an essential element invalidates the conviction.
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Criminal procedure — Plea of guilty — Proviso to s251(2) CP&EC requires court to ascertain accused’s understanding and unqualified admission; Elements of offence — lack of licence or permit is essential for possession of charcoal under s68(3)(a) Forestry Act; Conviction cannot stand where facts do not prove essential element; Retrial discretionary — declined where accused detained lengthy and material evidence may be lost.
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6 February 2023 |
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Court refused to hear bail application and directed counsel to file it before the judge presiding over the advanced-stage trial.
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Criminal procedure — Bail pending trial — Court declined to entertain bail application because substantive trial at advanced stage before judge seized of matter — Application to be filed with trial judge for proper case management.
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1 February 2023 |
| January 2023 |
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Failure to afford a proper hearing rendered the recruit’s dismissal unfair; compensation awarded instead of reinstatement.
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Employment law — Unfair dismissal — Procedurally fair administrative action — Right to be heard (audi alteram partem) — Sham disciplinary hearing — Remedy: compensation where reinstatement impracticable.
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24 January 2023 |
| September 2022 |
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Appellants' convictions for unlawful wounding upheld, but 18‑month custodial sentences set aside and immediate release ordered as excessive.
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Criminal law — Unlawful wounding (s.241(a)) — proof beyond reasonable doubt — eyewitness credibility; Sentencing — first offenders, ss.339–340 CPE Code — discretion to not suspend; Excessive sentence — appellate reduction and immediate release.
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22 September 2022 |
| August 2022 |
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Conviction for trafficking quashed where prosecution failed to prove prohibited means and purpose of exploitation.
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Criminal law — Trafficking in persons — Elements: action (e.g. transporting), proscribed means (force, fraud, abuse, payment to obtain consent, etc.) and purpose (exploitation); burden of proof beyond reasonable doubt; failure to prove means and purpose mandates acquittal; appellate rehearing and error where trial court did not separately consider all elements.
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30 August 2022 |
| April 2022 |
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Convictions for unlicensed, uninsured and unregistered motorcycle upheld; forfeiture under s.168 set aside as inapplicable.
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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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Conviction for harmful cultural practices quashed where charge particulars, plea-taking and supporting facts failed to establish essential elements.
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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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Whether the applicant should be granted bail pending murder trial and what conditions are necessary to protect the administration of justice.
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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.
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6 April 2022 |
| March 2022 |
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Conviction quashed due to inconclusive CCTV identification and defective chargesheet; appellants released.
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Criminal law — Theft by servant — Elements and burden of proof; Evidentiary identification — CCTV inconclusive as to identity; Procedural fairness — Defective chargesheet and fair trial rights; Doubt resolved in favour of accused; Conviction and sentence set aside.
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31 March 2022 |
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Prolonged pre-trial detention and absence of flight or safety risks justified conditional bail pending trial.
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Bail pending trial — Bail Guidelines Act factors (risk of absconding; witness tampering; danger to community; public order) — prolonged pre-trial detention — interest of justice — conditional bail and prosecutorial duty to progress case within set timeframe.
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10 March 2022 |
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Prolonged pre-trial detention without imminent trial justified grant of bail after balancing accused’s circumstances against interests of justice.
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Criminal procedure — Bail pending trial — Interests of justice under s.42(2)(e) Constitution — Bail Guidelines Act 2000 factors (flight risk, witness interference, danger to community, public order) — Prolonged pre-trial detention — Duty of State to demonstrate why bail should be refused — Court’s independent balancing duty.
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4 March 2022 |
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Applicant on murder charge granted conditional bail pending trial; court weighed Bail Guidelines and ordered expedited steps.
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Bail pending trial; Bail Guidelines Act — criteria (flight risk, witness interference, danger to community, public order); Section 9 — weighing accused’s personal interests against interests of justice; conditional bail and direction to expedite trial.
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4 March 2022 |
| January 2022 |
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6 January 2022 |
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Bail granted to the applicant after prolonged pre-trial detention and State’s non-opposition; trial to be expedited.
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Bail — prolonged pre-trial detention and expired custody time limit — Bail Guidelines Act factors — burden on State to justify continued detention — conditional bail and direction to expedite trial.
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6 January 2022 |
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6 January 2022 |
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Applicant granted bail after prolonged remand; court weighed Bail Guidelines Act factors and ordered expedited trial steps.
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Bail — prolonged pre-trial detention — Bail Guidelines Act 2000 — interests of justice — burden on State to justify continued detention — conditions of bail — court-ordered expedition of preliminary steps.
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6 January 2022 |
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Applicant detained over two years granted bail where prosecution did not oppose and interests of justice favoured release.
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Bail pending trial — prolonged pre-trial detention; Bail Guidelines Act 2000 factors (flight, witness interference, danger, public order); burden on prosecution to justify continued detention; court's duty to weigh personal circumstances even if prosecution does not oppose bail; directions to expedite trial.
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6 January 2022 |
| November 2021 |
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Whether an ex parte varied injunction should be suspended for suppression of material facts and reliance on an expired interlocutory order.
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Civil procedure — Stay of enforcement (Order 28 r48 CPR) — Ex parte injunctions — Duty of full and frank disclosure — Suppression of material facts — Expiry of interlocutory injunction — Enforcement orders and possession under Sheriffs Act.
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19 November 2021 |
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Sentence enhanced on confirmation for defilement of a vulnerable 12-year-old, prioritizing deterrence over first-offender status.
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Criminal law — Defilement — Sentencing on confirmation — Enhancement of sentence — First offender status weighed against victim vulnerability and deterrence.
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11 November 2021 |
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Court enhanced sentence for defilement of a seven-year-old, holding first-offender status insufficient to avoid long imprisonment.
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Criminal law — Defilement — Sentence enhancement on confirmation — First offender considerations and sections 339 & 340 CrPE — Sentencing guidelines (starting point ten years) — Aggravating factors: victim age (7), planning, breach of trust — Protection and deterrence.
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11 November 2021 |
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11 November 2021 |
| October 2021 |
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CCTV and circumstantial evidence upheld convictions for burglary, vehicle theft and robbery; sentences affirmed and made consecutive.
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Criminal law — right to call witnesses — admissibility and weight of CCTV and circumstantial evidence — sufficiency of prosecution evidence — sentence review and proportionality — forfeiture of vehicle.
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28 October 2021 |
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Failure to alert an unrepresented accused to the s138(1) statutory defence is not fatal absent evidence of a reasonable belief the girl was 16+.
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Criminal law — Defilement (s138(1) Penal Code) — Statutory proviso defence of reasonable belief that complainant was 16+ — Duty to alert unrepresented accused at plea-taking only in rare cases — Failure to alert not fatal where no evidence of such belief.
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25 October 2021 |
| September 2021 |
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The claimant's interlocutory injunction was upheld: serious questions existed, damages were inadequate, and procedural noncompliance was not fatal.
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Interlocutory injunction — American Cyanamid test — serious question to be tried — damages inadequate — balance of convenience — abuse of process and procedural non‑compliance not fatal.
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29 September 2021 |
| August 2021 |
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Appeal admitted out of time and retrial ordered where missing magistrate court record was substantial and prejudicial.
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Criminal law — Appeal and extension of time — Admission of appeal out of time under s349(4) CPEC — Appellate review of magistrate findings — Missing/incomplete lower court record — Substantial omissions justify retrial — Credit for time in custody.
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20 August 2021 |
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High Court confirmed divorce and property division, ordered reassessment of compensation, and set aside an improper protection order allowing return to the home.
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Family law — Divorce; distribution of matrimonial property — assessment of compensation — review of magistrate’s decision; Protection orders — improper ex parte PDVA order and unlawful eviction; Judicial conduct — delays, impartiality and fair trial concerns.
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19 August 2021 |