Results.
17 judgments found.
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| 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 |