Results.
144 judgments found.
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| December 2025 |
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Acquittal upheld where prosecution failed to produce expert or corroborative evidence proving drug’s falsity or lack of HIV cure.
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Criminal law — case-to-answer; Pharmacy and Medicines Regulatory Authority Act 2019 — offences: misleading sale, false/misleading statements, advertising without approval; Penal Code — obtaining by false pretences, conspiracy to defraud; confession admissibility and requirement of independent corroboration; judicial notice and necessity of expert/scientific evidence for medical questions; appellate review on points of law by DPP.
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19 December 2025 |
| October 2025 |
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High Court set aside committal for extradition due to procedural unfairness, evidentiary defects, improper authentication, and safety concerns for applicants.
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Extradition — procedural fairness — right to be heard; adequacy of judicial reasons; authentication of extradition documents; hearsay and admissibility; linkage between ATP, warrants and charges; specialty and statutory compliance; consideration of safety, delay and bad faith.
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31 October 2025 |
| February 2025 |
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Court allowed joinder, required clearer particulars, limited retrospective use of PFMA 2022, and conditioned reinstatement after discharge.
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Criminal procedure — joinder of accused; Statement of offence — particulars and duplicity; Money laundering — predicate offence to be specified; Retrospective application of statutes — PFMA 2022 vs PFMA 2003; Reinstatement after discharge — requirement for State justification; Financial Crimes Act s41 — applies to persons including public officials; Disclosure obligations — generally pre‑plea.
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3 February 2025 |
| December 2024 |
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Section 96(1) does not make lodging a complaint and cyber‑inspector assessment a mandatory precondition to prosecuting offences under the Act.
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Electronic Transactions and Cyber Security Act — Section 96(1) — "may" versus "shall" — permissive complaint procedure — role and powers of cyber inspector — whether complaint/assessment is mandatory precondition to prosecution — effect of non‑compliance on validity of charges.
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17 December 2024 |
| November 2024 |
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High Court set aside arbitrarily imposed fines for forestry offences, requiring means test and reducing custodial sentences.
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Forestry offences — sentencing — fines and default imprisonment — mandatory means test — application of Fines (Conversions) Act — first offender principles — s340(1) Criminal Procedure and Evidence Code — supervisory confirmation review.
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19 November 2024 |
| September 2024 |
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Convicted murderer sentenced to 36 years after balancing premeditation and weapon-use aggravation against mitigation and procedural failures.
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Criminal law — Murder sentencing — section 321J pre-sentence submissions — mitigation and aggravation — premeditation and use of weapon — backdating sentence to date of arrest — caseflow management and counsel misconduct.
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16 September 2024 |
| July 2024 |
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Court refused immediate release but ordered alternatives, a 30‑day deportation ceiling, non‑detention of children and reporting by the State.
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Immigration law — detention limits under Immigration Act s.14(1) and Regulations (Reg.14(3)) — constitutional right to liberty — reasonable 30‑day ceiling pending deportation — alternatives to prison (temporary permits, bond, non‑prison facilities, self‑repatriation) — non‑detention of children — structural interdict and court oversight of implementation.
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29 July 2024 |
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29 July 2024 |
| June 2024 |
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No prima facie case: causation and trafficking (abuse of law/purpose) not proved; confessions limited in weight.
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Criminal law — Prima facie case — Manslaughter (unlawful act/gross negligence) — Causation — Admissibility and weight of caution statements (s.176 CP&EC) — Trafficking in persons — Elements: act, means ("abuse of law"), purpose (exploitation) — Circumstantial evidence and identification parade reliability.
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19 June 2024 |
| April 2024 |
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Intervenor’s request to stay and set aside a bail-forfeiture order dismissed; appeal and ordinary proceedings are the proper remedies.
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Criminal procedure — Forfeiture of property deposited as bail security — Section 121 Criminal Procedure and Evidence Code; Stay of execution — High Court jurisdiction and final orders; Inherent jurisdiction — sparing invocation where appeal available; Financial Crimes Act — Preservation order notices (section 66) not applicable to bail forfeiture; Matrimonial property claims — rights enforceable by appropriate proceedings or appeal.
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23 April 2024 |
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Conviction quashed after trial court improperly invoked s201 and prosecution failed to prove theft beyond reasonable doubt.
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Criminal appeal — theft (s278 Penal Code) — prima facie case at close of prosecution — trial court powers under s201 CP&EC — s201 invoked sparingly, parties to be notified — judicial impartiality and forum choice — improper calling of witness after defence; evidence struck out — conviction unsafe; quashed.
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12 April 2024 |
| March 2024 |
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Appellant’s convictions for grievous harm and malicious damage quashed for insufficient evidence; alternative conviction impermissible under precedent.
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Criminal law — Grievous bodily harm — High threshold for ‘grievous harm’ under section 4/238 — Medical evidence not always mandatory but here insufficient; Malicious damage — proof of wilful or reckless damage required and absence of exhibit fatal; Alternative verdicts — courts may not substitute lesser offences where State chose charge (Namatav v Republic); Self‑defence and provocation — disproportional response defeats self‑defence, provocation not available to reduce non‑murder offences; Sentencing — original sentences excessive.
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25 March 2024 |
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19 March 2024 |
| December 2023 |
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Conviction for defilement confirmed; sentence increased to 25 years due to aggravating factors and evolving sentencing trends.
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Criminal law — defilement — plea of guilty procedure and confirmation — sentencing principles and trends — limited mitigation from plea/first‑offender status — enhancement of sentence.
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13 December 2023 |
| November 2023 |
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Court upheld eight-year custodial sentence for arson, finding it not manifestly excessive despite appellants being first offenders.
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Criminal law — Arson — Sentence — Whether sentence manifestly excessive — Aggravating factors: mob justice, planning/premeditation, total destruction of property — First offender status insufficient to warrant reduction — Offer to rebuild not a substantial mitigating factor.
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20 November 2023 |
| October 2023 |
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Mandatory injunction suspended pending criminal proceedings; contempt not established absent willful disobedience; FIA-good faith protection considered.
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Contempt of court — willfulness requirement; freezing orders — verbal versus written and due process; priority of criminal proceedings; Financial Crimes Act s.26 immunity for good-faith compliance.
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26 October 2023 |
| September 2023 |
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The accused sentenced to five years for manslaughter balancing mitigating factors against the gravity of loss of life.
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Criminal law — manslaughter — sentencing principles; mitigation: first offender, guilty plea, cooperation, time in custody; aggravation: loss of life, failure to render assistance, mature age; intruder/attempted sexual assault; proportionality of sentence.
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23 September 2023 |
| May 2023 |
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The applicants impermissibly relitigated an arbitration award; the court dismissed the action and upheld the award's finality.
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Arbitration Act s17 — finality of awards; s24 — limited grounds to set aside (misconduct/improper procurement); doctrine of functus officio; abuse of process where parties relitigate arbitration award instead of applying to set it aside; partnership disputes and accounting claims.
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12 May 2023 |
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A rest house is a "human dwelling"; conviction amended to burglary and theft and concurrent sentences confirmed.
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Criminal law — Burglary — Distinction between "dwelling-house" and "human dwelling" — Rest house qualifies as human dwelling — Proper conviction is burglary where forcible entry into a rest house occurs.
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5 May 2023 |
| April 2023 |
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Conviction for defilement quashed because prosecution failed to prove complainant was under sixteen.
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Criminal law — Defilement — Proof of age — Complainant’s age must be proved by medical certificate, documentary evidence or testimony of a person with personal knowledge; hearsay evidence insufficient — Conviction quashed where age not established.
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28 April 2023 |
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Court enhanced defilement sentence from 8 to 21 years, balancing youth mitigation against serious aggravating factors.
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Criminal law — Defilement — Sentencing principles — balancing offender’s youth and mitigation against aggravating factors (victim’s age and vulnerability, physical injury, intimidation) — maximum penalty life — review and enhancement of manifestly inadequate sentence.
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26 April 2023 |
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On review the court enhanced the sentence to 30 years' imprisonment with hard labour for defilement of a 12‑year‑old, given aggravating factors.
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Criminal law — Sentencing — Defilement of a child under 16 — Statutory maximum life imprisonment — Aggravating factors (age and vulnerability of victim, abuse of trust, use of force) — Sentencing trends towards stiffer penalties — Enhancement on review.
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26 April 2023 |
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26 April 2023 |
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Court enhanced sentence for defilement of an 8-year-old to 25 years, rejecting youthful-offender mitigation.
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Criminal law — Defilement of a child — Sentence enhancement — Aggravating factors: victim asleep; breach of trust; child vulnerability — Maximum penalty life — Youth and first-offender mitigation rejected — Sentencing trend towards harsher terms to protect the girl child.
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26 April 2023 |
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Guilty plea and family hardship insufficient to avoid life imprisonment where murder is heinous and defendant has a prior similar conviction.
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Criminal law — Murder — Sentencing — Life imprisonment — guilty plea and youth as mitigating factors — prior similar conviction as aggravating factor — maximum sentence reserved for worst offences — family hardship generally not exceptional mitigation.
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20 April 2023 |
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Court imposed 45-year imprisonment for defilement of a four-year-old due to severe aggravating factors and breach of trust.
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Criminal law — Defilement — Sentencing principles — 14-year starting point for defilement offences — Aggravating factors: victim’s age (4 years), breach of trust (neighbour), physical injury (broken hymen) — First offender status — Proportionality and constitutional prohibition against cruel, inhuman or degrading punishment — Need for routine psychological assessment of child victims.
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20 April 2023 |
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High Court confirmed magistrate’s prison sentences for housebreaking and theft despite mitigation claim of unpaid labour.
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Criminal law — housebreaking (s.309 Penal Code) and theft (s.278 Penal Code) — sentencing — mitigation: plea of guilty, youth, lack of prior record, recovery of property — rejection of unpaid-labour mitigation — confirmation of magistrate’s sentence.
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13 April 2023 |
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Confirmation court upheld magistrate's sentences for housebreaking and theft despite mitigation based on unpaid labour claim.
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Criminal law — Housebreaking and theft — Sentencing — Mitigation: plea of guilty, youthfulness, lack of prior record, recovery of property — Rejection of unpaid-labour mitigation — Confirmation of magistrate's sentence.
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13 April 2023 |
| March 2023 |
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Bail denied where seriousness and strength of prosecution’s case and flight risk outweighed breached custody time limits.
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Bail — pre-trial custody limits — interest of justice — aggravated trafficking and multiple murder charges — strength of State's case — risk of abscondment — public order considerations.
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29 March 2023 |
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Sentence for rape increased from nine to twenty years due to aggravating circumstance that the victim was asleep.
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Criminal law — Rape — Sentencing — Aggravating factor: victim asleep — Sentencing guidelines: five-year starting point for uncomplicated rape, higher where aggravated — Consideration of HIV/AIDS risk — Mitigation: first offender.
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8 March 2023 |
| February 2023 |
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Permission for judicial review denied; Ombudsman properly found appointment void and had jurisdiction.
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Administrative law — Judicial review permission; Ombudsman jurisdiction under section 123 Constitution and s.5 Ombudsman Act; unlawful appointment void ab initio; ratification cannot cure illegal recruitment; illegality defeats legitimate expectation to benefits.
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23 February 2023 |
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Application to adduce mother’s fresh evidence on victim’s age refused; victim’s own testimony on age held admissible.
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Criminal procedure — s.356 Criminal Procedure and Evidence Code — admission of fresh evidence on appeal; test: not available at trial, relevant, credible, may affect result, and reasonable explanation for non-production. Evidence of age in defilement — complainant’s own testimony admissible; parents or medical examination preferred but not mandatory. Failure of trial counsel to call known witness undermines application for fresh evidence
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1 February 2023 |
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Court refused to hear bail application and directed applicant to apply to the judge seized of the ongoing trial.
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Criminal procedure — Bail pending trial — Court refusal to entertain bail application where substantive trial is at an advanced stage before another judge — Case management and forum for bail applications.
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1 February 2023 |
| January 2023 |
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Appeal against concurrent three-year sentences for grievous harm and theft from the person dismissed; convictions and sentences affirmed.
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Criminal law — Act intended to cause grievous harm — Definition of grievous harm — fracture as grievous harm; Theft from the person — section 278 read with section 282(a) — enhanced penalty; Sentencing — whether three-year concurrent sentences excessive.
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25 January 2023 |
| December 2022 |
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Court enhanced aggravated robbery sentence to 12 years, finding limited mitigation against serious, violent, planned robbery.
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Criminal law — Aggravated robbery — Sentence enhancement — Mitigating and aggravating factors — First offender and youth mitigation limits — Group robbery and use of weapon — Section 301(2) Penal Code (life imprisonment) — Sentencing discretion and precedents.
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6 December 2022 |
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Aggravated robbery sentence increased to 12 years due to violence, planning, group offending despite mitigation.
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Criminal law — Aggravated robbery — Sentence enhancement — Use of dangerous weapon and violence — Group and planned offence — Mitigating factors (first offender, personal circumstances) limited — Section 301(2) Penal Code — sentencing discretion and precedents.
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6 December 2022 |
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Court confirmed armed robbery conviction, found identification reliable, and increased the respondent’s sentence to 12 years.
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Criminal law — Armed robbery — Identification evidence — Turnbull guidelines — Caution statement — Sentence enhancement — Use of weapon — Mitigation and aggravation factors
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6 December 2022 |
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Conviction for two robberies upheld; court increased sentence to 12 years per count, balancing aggravating and mitigating factors.
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Criminal law — Robbery — identification in broad daylight, possession of stolen property — sentencing: aggravating factors (violence, planning, commission in company, violation of victim) vs mitigation (youth, first offender) — appropriate term of imprisonment.
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6 December 2022 |
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Court enhanced sentence to 30 years for defilement of a 13‑year‑old, emphasizing serious aggravating factors.
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Criminal law — Defilement (section 139 Penal Code) — Conviction on plea and admission of facts — Sentencing — Enhancement of sentence — Aggravating factors: repeated assault, infection with STI, breach of trust, victim's tender age — Mitigating factors: youth, first offender, guilty plea.
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6 December 2022 |
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Court confirmed robbery and rape convictions against the respondent; identification, confession and non-consent were decisive.
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Criminal law — Robbery — use of a panga and identification evidence; Rape — non-consensual intercourse, medical corroboration and admissions; Identification evidence and Turnbull guidelines; Sentencing — appropriate terms and concurrent sentences.
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6 December 2022 |
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Court confirmed the respondent's convictions for robbery and rape, finding identification and admissions sufficient and imposing concurrent sentences.
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Criminal law — Robbery: identification and corroboration by recovery of weapon; Rape: consent, medical evidence and accused's admissions as corroboration; Sentencing: aggravating factors, first offender and concurrent sentences.
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6 December 2022 |
| September 2022 |
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Conviction on plea of guilty upheld despite a mis‑stated penal citation; sentence reduced to three years due to youth.
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Dangerous Drugs Act — possession under Regulation 4(a) — defective charging provision curable; Plea of guilty — adoption of prosecution facts and unequivocal plea; Possession requires knowledge and control but plea may waive inconsistencies; Right to legal representation — duty to inform; Child Care Act protections discretionary (s.183); Sentencing — quantity‑based guidelines (Wilson), mitigation for youth; Sentence reduced on review.
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1 September 2022 |
| August 2022 |
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Conviction for trafficking quashed because prosecution failed to prove proscribed means and exploitative purpose.
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Trafficking in persons — elements: action (e.g., transporting), proscribed means (force, coercion, fraud, payment to controller, etc.), and purpose of exploitation — burden of proof beyond reasonable doubt; appellate review where trial court failed to consider all elements; conviction quashed where means and exploitation not proved.
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30 August 2022 |
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Court refused to enhance sentence for domestic knife wound, affirming a three-year imprisonment for unlawful wounding.
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Criminal law — Unlawful wounding v. grievous harm — sentencing principles — domestic violence — use of a knife — appellate review of sentence enhancement — alibi credibility.
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4 August 2022 |
| July 2022 |
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A bail reapplication after denial requires a demonstrated change in circumstances; appeal dismissed.
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Criminal law — Bail — Reapplication after denial requires demonstrable change in circumstances; witness interference, flight risk, and strength of evidence relevant; counsel’s personal acquaintance inadmissible as surety substitute.
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30 July 2022 |
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Bail granted pending trial after State failed to prove, on a balance of probabilities, that applicants faced danger if released.
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Constitutional right to bail — interests of justice — State bears burden to prove risk to accused on balance of probabilities — need for cogent evidence/affidavit to oppose bail — bail granted with conditions.
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19 July 2022 |
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Applicant granted bail pending trial after State failed to prove interests of justice outweighed right to release.
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Constitutional right to bail — interests of justice — burden on the State to prove on balance of probabilities — presumption of innocence — unsubstantiated threats — committal status not a bar to bail — improperly brought oral application for extension of pre-trial custody.
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19 July 2022 |
| May 2022 |
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Court confirmed misuse of public office conviction, reduced sentence for health; acquittal deemed erroneous but no retrial ordered.
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Corrupt Practices Act — misuse of public office — elements and "advantage" — sentencing considerations (health and time served) — principles limiting retrials and prosecutorial discretion.
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9 May 2022 |
| April 2022 |
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Bail revocation upheld where deliberate delay and flight risk justified continued custody; trial to proceed urgently.
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Criminal procedure — Bail — Revocation of court-granted bail where accused deliberately delay proceedings — Interests of justice doctrine — Flight risk and serious penalty as justification for continued custody — Duty to ensure speedy trial.
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27 April 2022 |
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A plea of guilty is improper where the accused raises a reasonable-belief defence to statutory underage sexual intercourse.
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Criminal law — Defilement — Plea of guilt — Qualified admission where accused claims reasonable belief in complainant’s age — s251(2) CPE Code — Recording plea — Retrial discretion — Banda test — Conviction quashed and acquittal.
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22 April 2022 |