Results.
17 judgments found.
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| 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 |
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1 April 2022 |