Results.
48 judgments found.
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| December 1996 |
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A conviction based on an equivocal guilty plea and bare facts for receiving stolen property was unsafe and quashed.
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Criminal law — receiving stolen property — plea of guilty must be supported by unequivocal facts — accused’s knowledge or reason to suspect — accused’s understanding of plea (illiteracy) — unsafe conviction quashed.
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30 December 1996 |
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Whether damages for conversion are assessed at conversion date or judgment date when defendant unlawfully detains goods.
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Torts — Conversion: accrual at date of conversion; measure of damages generally value at conversion; value at judgment recoverable where defendant's continued detention causes loss; award of general damages for detention.
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17 December 1996 |
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Whether eligible but unregistered voters may obtain interlocutory relief to halt a by-election until registration disputes are adjudicated.
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Constitutional and electoral law — right to registration and to vote — interlocutory relief — application of American Cyanamid principles — adequacy of damages — balance of convenience in election disputes.
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9 December 1996 |
| November 1996 |
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Plaintiff awarded aggravated damages for widely broadcast defamatory imputation of unchastity by political actors; defendants found malicious and liable.
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Defamation — imputation of unchastity — publication by live and rebroadcast via national broadcaster — party responsibility for broadcasts — aggravated/exemplary damages where defendants act with malice, fail to apologise and control publication — failure to give defence evidence — assessment of damages.
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29 November 1996 |
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Compound interest at the bank/minimum lending rate plus 1% awarded on a commercial debt from 1 November 1994 until payment.
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Interest — Commercial debt — Compound interest awarded — Rate: bank/minimum lending rate plus 1% — Interest from 1 November 1994 until payment — Costs awarded.
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28 November 1996 |
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20 November 1996 |
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Plaintiff entitled to possession via Administrator General allocation; defendants lacked title or adverse possession.
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Land — Possession proceedings under Order 11 RSC; originating summons against trespassers; title via Administrator General allocation; adverse possession requirements; hearsay inadmissible; municipal licences do not convey title.
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5 November 1996 |
| October 1996 |
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Age and first‑offender status do not preclude custodial sentences for serious housebreaking; the imposed imprisonment was confirmed.
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Criminal law — Housebreaking and theft — Seriousness of burglary offences — Age and first‑offender status not by themselves grounds for non‑custodial sentence or suspension — Sentencing confirmed
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31 October 1996 |
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Defendant vicariously liable for driver’s negligence in striking cyclist; damages awarded for personal injury.
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23 October 1996 |
| September 1996 |
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Belated application to set aside default judgment denied where no acceptable explanation for delay beyond Order 35 Rule 2.
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Civil procedure — setting aside default judgment — Order 35 Rule 2 (seven-day time limit) — extension of time — need for acceptable explanation for delay — discretion not exercised where delay unexplained.
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26 September 1996 |
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Whether "basic pay" in the Wages Order means hourly pay and overtime is payable at one-and-a-half times the hourly rate.
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Wages Order interpretation — "basic pay" construed as hourly rate; overtime payable at 1.5 times hourly rate; interest on wage arrears only where claim is a debt; costs each party to bear.
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11 September 1996 |
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Payment in lieu of notice is "remuneration"; a clause allowing one month's pay for three months' notice violated the constitutional right to fair remuneration.
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Constitutional law — Right to fair and safe labour practices and fair remuneration — Payment in lieu of notice constitutes remuneration — Contractual term permitting one month's pay in lieu of three months' notice inconsistent with constitution — Reciprocal clause insufficient where imbalance of bargaining power
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2 September 1996 |
| August 1996 |
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An unverified creditor letter to an employer was defamatory; qualified privilege failed due to lack of corresponding interest and malice.
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Defamation — publication to employer; vicarious liability for agent's publication; qualified privilege — absence of corresponding interest; malice defeats privilege; apology as mitigation; compensatory damages awarded.
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27 August 1996 |
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The plaintiff shot and beaten by police was awarded K60,000 for pain, suffering and loss of amenities.
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Assessment of damages — police shooting and beating — pain and suffering; loss of amenities; default judgment; comparative awards to fix quantum.
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16 August 1996 |
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Plaintiff succeeded on a claim of false imprisonment and degrading treatment; a related-file settlement did not bar relief.
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False imprisonment — unlawful post-release detention — degrading treatment and intrusive searches — detainee access to International Committee of the Red Cross — related-file settlement not dispositive.
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15 August 1996 |
| July 1996 |
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Originating summons inappropriate because substantial factual disputes about the applicant's interdiction and alleged defamation require proceedings by writ.
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Public Service interdiction — Section 27(1)(a) Public Service Act — Originating summons v writ (Order 5 rule 4) — Substantial disputes of fact — Alleged defamation and damages — Procedural requirement for trial where affidavits insufficient.
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19 July 1996 |
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Reinstated employees entitled to commuted leave pay as "salary" under consent order; non-contractual allowances not payable.
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Employment law — reinstatement and assessment of back-pay — interpretation of consent order — commutation of leave pay as contractual "salary" — non-contractual allowances not recoverable — deduction limited to terminal benefits/ex-gratia/gratuity and specified sums — burden on employer to prove failure to mitigate.
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19 July 1996 |
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18 July 1996 |
| June 1996 |
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Applicant awarded K4,000 for false imprisonment; court limited relief to pleaded claims and refused loss-of-employment damages.
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False imprisonment — exemplary damages — damages limited to pleaded causes — prolonged detention without court appearance — denial of medical treatment in custody — assessment of quantum.
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28 June 1996 |
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Seller fulfilled delivery under a lump-sum sale; a signed invoice bound the purchaser, awarding judgment and interest to the plaintiff.
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Contract of sale — sale of selected stock for lump-sum price — signed invoice binding purchaser — unsigned internal records (IGRS/L.P.O.) inadmissible as proof of delivery — delivery obligation satisfied — interest for delayed payment.
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7 June 1996 |
| May 1996 |
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Unlawful 18-month detention and unhygienic prison conditions entitled the applicant to K180,000 damages and costs.
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False imprisonment — detention without explanation — overcrowded and unsanitary prison conditions — aggravation of damages — hearsay insufficiency for special damages — failure to comply with disclosure — general traverse inadequate.
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28 May 1996 |
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Assessment of damages for death by defendant's agent: conventional solatium, dependency, vehicle loss and loss-of-use awards.
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Negligence — assessment of damages for wrongful death — conventional award for loss of expectation of life — calculation of loss of dependency (wages, allowances, retirement prospects) — special damages for destroyed motor vehicle and loss of use — apportionment among dependants; exclusion of adult children.
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17 May 1996 |
| April 1996 |
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Summary judgment refused due to genuine disputes on interest, timing, contract divisibility and payment acceptance.
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Civil procedure — summary judgment — genuine disputes of fact — agreement on interest on overdue payments — time of the essence — divisible contract — legal effect of counsel accepting payment and remitting bank draft; remedy against carrier for late arrival of goods.
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23 April 1996 |
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Contractor entitled to contractual interest; bank charges not recoverable and payment into local account limited remedies.
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Contract construction — entitlement to interest on overdue payments; recoverability of bank charges and deductions; payment into wrong account — effect on entitlement; applicability of arbitration clause.
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3 April 1996 |
| March 1996 |
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Appeal allowed where identification parade was defective, pre-parade exposure occurred, and visibility was poor.
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Identification evidence — Defective identification parade (conducted by investigating constable) — Pre-parade viewing/suggestiveness — Poor visibility at dawn — Lack of descriptive particulars — Identification evidence unsafe
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29 March 1996 |
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Foreign medical expenses not pleaded are excluded; plaintiff awarded K138,000 for injuries and lost earnings.
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Personal injury — Assault and battery by police — Damages — Distinction between general and special damages — Need for pleading and proof of foreign medical treatment expenses — Loss of earnings where income particulars absent.
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25 March 1996 |
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The respondent employer was liable for the applicant’s injuries caused by a faulty concrete mixer; damages to be assessed.
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Employer’s duty to provide and maintain safe plant and equipment — negligence for permitting use of defective concrete mixer — credibility and weight of witness testimony — contributory negligence assessed in employment context — damages to be assessed by Registrar.
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22 March 1996 |
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Whether the plaintiff was entitled to salary arrears and three months' notice pay after suspension and unilateral termination.
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Employment law — suspension — entitlement to salary during suspension — unilateral termination/abolition of employment — salary in lieu of notice — assessment on uncontested evidence and employer's computation.
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20 March 1996 |
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Applicant interdicted without pay awarded lump‑sum back pay to trial date and costs.
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Employment law — interdiction (suspension without pay) — entitlement to back pay — assessment of damages as lump sum at date of trial — default judgment and assessment proceedings.
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13 March 1996 |
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High Court confirmed concurrent sentences but found them inadequate, affirmed DPP's right to appeal sentencing on questions of law.
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Sentencing — Breaking into building (s311 Penal Code) — Adequacy of sentence; starting point three years — Multiple offences as aggravation — DPP right to appeal on question of law (s346 Criminal Procedure and Evidence Code) — Delay in review process undermining remedy
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5 March 1996 |
| February 1996 |
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Convictions for cheating set aside where borrowed items were not returned but no evidence of trick or device existed.
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Criminal law — Cheating (s.321 Penal Code) — Requirement of a trick or device — Borrowed goods not returned does not constitute cheating absent evidence of deception
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29 February 1996 |
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Unspecified "intimidation" did not satisfy robbery-with-violence requirements; conviction substituted to theft and sentence adjusted.
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Criminal law — Robbery with violence — statutory requirement of actual violence or threat of actual violence — allegation of "intimidation" insufficiently particularised — conviction substituted to theft from a person (s278 read with s282(a) Penal Code) — sentence varied on review
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22 February 1996 |
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Section 329 conviction unsustainable where accused lacked possession at time of charge; past sale does not attract liability.
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Criminal law — Possession — Section 329 Penal Code — Requires contemporaneous possession when charged; past possession insufficient for conviction
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22 February 1996 |
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Court allowed hearing in counsel's absence and refused late affidavits, directing defendant's counsel to address plaintiff's counsel and inspect the record.
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Civil procedure — summary judgment on admissions — proceeding in absence of counsel under Order 32 — late affidavits and adducing new evidence — duty of counsel and case management to prevent delay.
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22 February 1996 |
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Judicial review inappropriate where vehicle detention arises from contractual dispute; applicant must pursue ordinary action against respondent.
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Judicial review — Order 53 — public law versus private law rights — seizure of vehicle under contractual hire/lease — suitability of judicial review where factual disputes exist — conversion to writ proceedings; affidavits to be treated as pleadings.
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21 February 1996 |
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Employer held vicariously liable for false imprisonment where police acted on employer's charge without reasonable suspicion; defamation dismissed.
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Tort — False imprisonment — Arrest effected by police at employer's instance — distinction between giving information and making a charge — vicarious liability of employer; Defamation — whether words were capable of defamatory meaning — expressions of suspicion versus allegations of guilt.
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19 February 1996 |
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Plaintiff awarded taxed costs (K24,913.70); court held Bulluck authority permits recovery of taxed bill involving a successful co-defendant.
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Costs — Taxed costs — Entitlement to recover taxed bill — Effect of successful co-defendant — Bulluck v London General Omnibus Co. authority.
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15 February 1996 |
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Plaintiff entitled to recover taxed costs from a successful co‑defendant; K24,913.70 awarded.
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Civil procedure — Costs — Taxed costs — Entitlement to recover taxed bill from a successful co-defendant — Authority: Bullock v London General Omnibus Co. (1907) KB 264.
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15 February 1996 |
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Robbery conviction quashed where no violence or threat to obtain/retain property; convicted of theft and sentenced to three years.
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Criminal law — Robbery — Elements of robbery require violence or threat to obtain or retain property — Subsequent assault unrelated to retention cannot support robbery; substitution to theft from a person and sentence reduction
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14 February 1996 |
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Assessment of personal injury damages, hearsay inadmissibility of medical reports, rejection of vehicle claim due to discharge.
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Damages for personal injury — distinction between pecuniary and non-pecuniary losses — assessment by comparison and adjustment for local economic conditions; admissibility of medical reports — hearsay unless doctor called; proof required for special damages; discharge as bar to vehicle claim; interest and exemplary damages not recoverable.
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13 February 1996 |
| January 1996 |
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A first-time theft offender should not be denied suspension merely because the offence is commonplace or crime has increased.
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Sentencing — suspension of sentence under s.340 — first offenders — commonplaceness of offence not sufficient to refuse suspension — distinction between sentencing purposes and principles — upsurge in crime addressed by sentence severity, not denial of suspension
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31 January 1996 |
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Court increased the respondent's burglary sentence to three years, finding two years inadequate to deter crime.
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Criminal law — Burglary and housebreaking — Sentencing principles — Starting points for repeat offenders (5–6 years) — Mitigating factors reduce sentences — Public interest and deterrence may justify enhancement on review — Concurrent sentences
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29 January 1996 |
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A nine-month sentence for stealing one oxcart tyre was manifestly excessive and required suspension and release.
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Sentencing — Theft (low-value property) — Proportionality of sentence — Mitigating factors (youth, first offender) — Joint commission not automatically aggravating — Suspension of sentence
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29 January 1996 |
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25 January 1996 |
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Five-year sentence for armed, concerted rape confirmed; sentencing reasons required and guilty plea warranted only modest mitigation.
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Criminal law — Rape — Sentencing — Requirement for sentencing reasons — Weight of mitigation (youth, first offender, guilty plea) — Aggravating factors (armed, in concert, assault, humiliation) — Confirmation on review
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24 January 1996 |
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A court cannot impose disparate sentences based on untested co-defendants' statements without giving the defendant a chance to respond.
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Criminal law — Sentencing — Disparate sentences — Degree of participation — Reliance on co-defendants' or police statements — Plea of guilty requires opportunity for accused to present version — Caution with self-serving statements (R v Smith)
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24 January 1996 |
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Appeal dismissed: arrest injuries and guilty plea insufficient to outweigh aggravating group violence and injury to victim.
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Criminal law — breaking into building and committing felony — sentence — mitigating factors — injury during arrest — guilty plea reduction — starting point three years — aggravation by group, violence and injury — appeal dismissed
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11 January 1996 |
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Assessment of wrongful-death dependency damages using Cookson v Knowles method; K15,400 awarded and apportioned to dependants.
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Wrongful-death damages — assessment under Law (Miscellaneous Provisions) Act — use of Cookson v Knowles multiplicand/multiplier approach — multiplicand accepted as net sums actually provided — pre-trial and post-trial calculation — apportionment among dependants — costs awarded after default.
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10 January 1996 |