Results.
14 judgments found.
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| 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 |