Results.
18 judgments found.
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| 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 |
| July 2021 |
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Convictions under revoked regulations are nullities; forfeiture and vehicle-owner fine set aside; courts must use updated statute books.
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Criminal law — Conviction under revoked regulations — Proceedings a nullity — Forfeiture and fines dependent on invalid conviction set aside — Duty to maintain updated statute books.
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29 July 2021 |
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The applicant's convictions were upheld on circumstantial evidence and call logs despite improper use of section 3 CP&EC.
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Criminal law
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ircumstantial evidence
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dmissibility of call logs/business records alse police statement as perjury xtradition (s.21)
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ddition of lesser offences provable by extradition facts xclusion of illegally obtained evidence
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nd limited scope of s.3 CP&EC
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14 July 2021 |
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Court refused claimant's summary judgment application despite finding defendant's defence a sham, to avoid abuse of process.
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Civil procedure — Summary judgment — Order 12 rule 23 — Sham defence — General denials — Order 7 rule 6 — Abuse of process — Refusal of partial summary judgment.
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14 July 2021 |
| June 2021 |
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24 June 2021 |
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Death sentence set aside due to youth and untreated epilepsy; substituted sentence of time served with conditional medical follow-up.
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Sentencing — Death sentence rehearing — Mental illness (grand mal epilepsy) as mitigation — Lack of neurological/psychiatric assessment — First offender and youth — Substituted sentence of time served and conditional release.
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24 June 2021 |
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Leave for judicial review refused where no recorded hospital decision, no medical evidence under s.243, and alternative remedies available.
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Administrative law — leave to apply for judicial review — necessity of a recorded public decision; Abortion law — section 243 Penal Code exception for operations to preserve mother's life; Alternative remedies — criminal prosecution and child maintenance bars to review; Wednesbury unreasonableness; Onus on applicant to produce medical evidence.
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15 June 2021 |
| May 2021 |
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Court continued interlocutory injunction to preserve disputed land status where ownership is triable and damages inadequate.
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Interlocutory injunctions — American Cyanamid test — serious question to be tried; adequacy of damages; balance of convenience; ex parte orders and alleged suppression of material facts; procedural requirements for interlocutory applications under Order 10 of the High Court (Civil Procedure) Rules; preservation of status quo in disputed land ownership.
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25 May 2021 |
| April 2021 |
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Convictions for harmful cultural practices quashed due to defective particulars, irregular guilty pleas, and insufficient supporting facts.
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Criminal law — Harmful cultural practices (Child Care, Protection and Justice Act s80/s83) — Sufficiency of particulars — Plea-taking formalities (CP&EC s251) — Necessity to prove nexus between cultural practice, timing and harm — Defective pleas fatal — Conviction quashed — Retrial declined.
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11 April 2021 |
| January 2021 |
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Conviction for repeated defilement of a ten-year-old confirmed; sentence increased to 40 years, emphasising worst-instance sentencing.
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Criminal law — Defilement of a child — Sentence — Worst instances of offence — Maximum (life) reserved for most grievous cases — Aggravating factors: young victim, multiple occasions, position of trust — Mitigation: guilty plea and first offender status limited — State duty to ensure child welfare services.
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8 January 2021 |