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Citation
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Judgment date
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| October 1997 |
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Court increased housebreaking sentence, holding burglary warrants long immediate imprisonment with a six‑year starting point adjusted for mitigation.
Criminal law – Burglary/housebreaking – Sentencing – Six‑year starting point (Republic v Chizumila) – Mitigating factors (age, first offender, guilty plea, limited trespass) – Concurrent sentences.
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27 October 1997 |
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Employer liable for false imprisonment and defamation where police arrested and paraded employees at employer's request without charge.
Employment law – False imprisonment — Employer‑initiated arrest — Police acting as agents of employer; Defamation — Parading employees in handcuffs/public exposure — Publication and damages.
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24 October 1997 |
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An employer who procures police to arrest employees without charge is liable for false imprisonment and defamation.
False imprisonment – employer-instigated arrest – police acting as agent of employer – lack of reasonable and probable cause; Defamation – publication by conduct – parading employees in handcuffs; Liability where no charge laid.
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24 October 1997 |
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Plaintiff recovers hire charges where vehicle owner performed hire illegally under s59, but plaintiff lacked knowledge or participation.
Road Traffic Act s59 – mandatory third‑party insurance; illegality – ex turpi causa non oritur actio; distinction between illegality in formation and in performance; knowledge and participation required to bar recovery.
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16 October 1997 |
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Plaintiff recovers hire charges where vehicle owner performed hire in breach of mandatory insurance, but plaintiff lacked knowledge.
Road Traffic Act, s.59 – mandatory third-party insurance – illegality of contract performance – ex turpi causa non oritur actio – knowledge and participation required to bar recovery for breach.
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16 October 1997 |