Results.
5 judgments found.
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| January 2018 |
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Provocation, youth, first-offender status and a guilty plea justified a ten-year manslaughter sentence despite knife wounds.
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Criminal law — Manslaughter — Sentencing discretion under s211 — Maximum life reserved for worst cases — Aggravating factor: use of knife; Mitigation: guilty plea, provocation, youth, first offender.
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26 January 2018 |
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Failure to conduct a voir dire for a 15-year-old complainant led to exclusion of evidence and allowed appeal.
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Criminal law — defilement; child witness competence — requirement for voir dire under Oaths, Affirmations and Declarations Act; meaning of 'immature age' and interaction with child-related statutes; exclusion of evidence where voir dire absent; failure to prove case beyond reasonable doubt; retrial and double jeopardy.
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24 January 2018 |
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Court granted bail to a homicide accused overstaying on remand, imposing strict surety, reporting and travel‑restriction conditions.
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Bail — application under s12 Bail Guidelines Act, s118 Criminal Procedure and Evidence Code and s42(2)(e) Constitution — accused charged with homicide and long remand — grant of bail in interest of justice — conditions: cash deposit, bonded sureties, periodic police reporting, surrender of travel documents, leave required to leave village.
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19 January 2018 |
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Failure to comply with s.251 proviso invalidates a guilty plea; retrial ordered and sentence to be reconsidered.
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Criminal procedure — guilty plea — proviso to s.251 — court must ascertain accused understands nature and consequences of plea; admission of facts insufficient — non‑compliance warrants retrial; sentence review — manifest excessiveness where guilty plea and recovery of property.
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19 January 2018 |
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3 January 2018 |