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Citation
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Judgment date
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| December 1997 |
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Whether sentences for multiple quick‑succession burglaries were manifestly excessive and how to apply a premium.
Sentencing — manifestly excessive sentence; multiple burglaries — baseline sentence for burglary with occupier absent; guilty plea, youth and first-offender mitigation; premium for multiple offences; substitution of sentence (Chizumila; Millo).
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31 December 1997 |
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Court reduced a manifestly excessive five-year sentence for minor theft by lodgers, ordering immediate release.
Criminal law — Sentencing — Manifestly excessive sentence — Theft by a lodger — Proportionality, mitigating factors (first offenders, minimal value and effect) — Review and reduction of sentence.
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16 December 1997 |
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Court reduced an excessive 8-year sentence for cultivating 7 kg of Indian hemp to two years.
Dangerous Drugs Act – cultivation of Indian hemp – sentencing – quantity of drugs (7 kg) – applicability of possession sentencing guideline (Republic v
Wilson) – manifestly excessive sentence reduced
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12 December 1997 |
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Court reduced burglary sentence, holding sentencer must not punish defendant for uncharged offences or treat later escape as a prior conviction.
Criminal law – Sentencing – Burglary – extent to which uncharged violent conduct may aggravate sentence; previous convictions – conviction after the index offence not a prior conviction; sentencing starting point for burglary six years' imprisonment with hard labour.
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11 December 1997 |
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Three-year sentence for theft of a recovered bicycle was manifestly excessive and substituted with eighteen months' imprisonment.
Criminal law — Sentencing — Theft of bicycle — Whether three-year sentence manifestly excessive — Condition of recovered property and third-party loss not aggravating where owner recovers — Guideline: 18 months with hard labour (Regina v Paulo).
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10 December 1997 |
| November 1997 |
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A two-year sentence for simple theft was found manifestly excessive; mitigating factors warranted immediate release based on time served.
Criminal law – Theft – Sentencing – Manifestly excessive sentence – Mitigating factors: guilty plea, first offender, recovery of property, age – Suspension vs short custodial term – Time served.
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17 November 1997 |
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Court increased burglary sentence, endorsing a six-year benchmark and stressing totality and concurrency when defendant is already serving a sentence.
Criminal law – Sentencing – Burglary – Benchmarked starting point of six years’ imprisonment – Recovery of property not a major mitigating factor – Totality principle and duty to check existing sentences – Concurrency versus consecutiveness.
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16 November 1997 |
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Voting without registration certificates is an irregularity, but proved instances did not justify annulling the by-election.
Electoral law — voting procedure — production of voter registration certificate — irregularity; statutory duties of Electoral Commission to investigate (s.113); annulment discretionary — materiality of irregularities to result (s.114, s.118).
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13 November 1997 |
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Court found an 18‑month sentence for K1,300 theft by servant excessive and ordered immediate release.
Criminal law – Sentencing – Theft by servant – Manifestly excessive sentence – Duty to give reasons for sentence – Review of sentencing discretion – Sentencing guidelines – Plea of guilty and time served.
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12 November 1997 |
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Whether a guilty plea bars an appeal and whether a two-year sentence for theft of a single small beast was manifestly excessive.
Criminal law – Appeal – Effect of guilty plea on competence of appeal (s.348 Criminal Procedure and Evidence Code) – Sentencing – Theft of cattle – Assessment by nature and number of animals – Guilty plea as mitigation and entitlement to substantial reduction (up to one-third) – Manifestly excessive sentence.
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6 November 1997 |
| 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 |
| September 1997 |
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Whether the Speaker validly declared a seat vacant for floor‑crossing and whether cabinet appointment vacated the seat by operation of law.
Constitutional law — parliamentary seat vacancy — section 65(1) floor‑crossing — precedent fact — judicial review of Speaker’s decisional basis — parliamentary privilege — public office/public appointment — Cabinet membership disqualifies MP; vacancy by operation of law (sections 51, 63, 88(3)).
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30 September 1997 |
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Assessment of damages for severe personal injuries, disfigurement, future surgery and reduced earning capacity after conceded liability.
Damages — personal injury — assessment of non-pecuniary (pain, suffering, loss of amenities) and pecuniary losses — disfigurement award — future medical expenses (overseas plastic surgery) — loss of earning capacity where prospect of future disadvantage exists.
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18 September 1997 |
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17 September 1997 |
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Court granted injunction and trespass judgment but declined declaratory relief without an enquiry; damages to be assessed.
Civil procedure — judgment on summons in default — court’s discretion to refuse judgment; Declaratory relief — caution against granting declarations without evidence or enquiry; Injunctions — registrar lacks jurisdiction to grant final injunctions; Trespass — remedy and damages assessment.
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17 September 1997 |
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Default judgment set aside where detention was unlawfully prolonged and Limitation Act, not post‑Constitution tribunal, governed pre‑commencement claims.
Civil procedure – setting aside judgment in default – triable issues – wrongful detention – Preservation of Public Security Act – Limitation Act s.4(1), s.22(4) – Constitution Chapter XIII – National Compensation Tribunal – jurisdiction for pre‑commencement actions.
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16 September 1997 |
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Measure of damages for total destruction of a chattel is its market/replacement value as a going concern; no separate loss-of-earnings award.
:[
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16 September 1997 |
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Assessment of damages after a road accident: award for pain, future arthritis, and reduced earning capacity; some special claims disallowed.
Motor‑vehicle accident — assessment of damages — general damages for pain, suffering and loss of amenities; post‑traumatic arthritis prognosis — award. Loss of earning capacity — award where substantial prospect exists despite no current loss of earnings. Special damages — requirement of proof and party entitlement (wife’s expenses disallowed)
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16 September 1997 |
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Plaintiff shot by police awarded damages for permanent hand disability, domestic help, and pain and suffering.
Tort — State liability for police shooting; assessment of damages for personal injury — pecuniary damages (future domestic assistance) and non‑pecuniary damages (pain, suffering, loss of amenities); use of medical evidence to assess permanent disability.
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16 September 1997 |
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Summary judgment granted against a respondent who admitted accommodation-party liability; holder’s knowledge is no defence.
Bills of Exchange – accommodation party – liability to holder for value irrespective of holder’s knowledge – notice of dishonour endorsement – summary judgment under Order 14 where no triable issue.
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15 September 1997 |
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A consent order binds only the consenting parties; rescission requires a fresh action or appeal, not a Registrar’s interlocutory setting-aside.
Civil procedure – Consent orders – Nature of consent judgment as contractual agreement between parties – Privity of contract; cannot bind third parties – Rescission of consent orders requires fresh action or appeal – Registrar lacked jurisdiction to set aside consent order – Disputes over sheriff’s fees to be resolved by Master/taxation.
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15 September 1997 |
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Assessment of damages for inducement of breach: oral proof of loss acceptable; plaintiff awarded K31,500 special and K30,000 general damages.
Tort — inducement of breach of contract; default judgment and concession of liability; proof of loss by oral evidence; measure of damages for inducement of breach; mitigation burden on defendant; exemplary damages considered (Rookes v Barnard).
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14 September 1997 |
| August 1997 |
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On review the court increased burglary and theft sentences, applying precedent starting‑point principles and considering rural impact.
Sentencing — Burglary — Review of inadequate sentence — Established starting point for burglary (six years) subject to scaling — Consideration of offender's circumstances and rural impact of theft.
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25 August 1997 |
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Lease required written notice before interest rate increases; interest must be calculated at pleaded 38½% and plaintiff awarded K15,000 (detinue) and K5,000 (trespass).
Contract/Lease – Variation of interest rate – Written notice required by agreement before increasing rate; Pleadings – interest specifically pleaded must be calculated not merely assessed; Detinue – continuing cause of action – damages for detention recoverable where chattel returned; Trespass – award of compensatory damages.
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19 August 1997 |
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Plaintiff awarded K75,000 for 36 days' unlawful imprisonment; no punitive damages; defendants to pay costs.
Tort – False/unlawful imprisonment; assessment of general damages for detention; impact of currency devaluation on quantum; absence of evidence for punitive/aggravated damages; alternative pleading and absence of defence affecting apportionment of liability.
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14 August 1997 |
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Plaintiff awarded K75,000 for 36 days' false imprisonment; punitive damages denied for lack of evidence.
False imprisonment — compensatory damages for 36 days' detention — quantum assessed in light of prior awards and currency devaluation — no punitive/aggravated damages for lack of evidence — alternative pleading and absence of defence limited apportionment of liability.
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14 August 1997 |
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Strike-out on Limitation Act grounds denied where neither party filed evidence on whether the claim was time-barred.
:[
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13 August 1997 |
| July 1997 |
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The Court dismissed the DPP's appeal, upheld evidential rulings, invalidated ss.313–314 CPE Code to the extent they impinge right to silence, and awarded appeal costs to the sixth respondent.
Criminal law – conspiracy – requirement of knowledge and agreement for late joiners; Criminal procedure – right to silence – sections 313–314 CPE Code incompatible with constitutional right to remain silent; Evidence – hearsay and statement-against-interest inadmissibility; Summing-up – judge’s duty to be fair to both sides; Costs – state to pay appeal costs where prosecution abandons appeal.
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30 July 1997 |
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Sentencing discretion must be reasoned and, for simple burglary, a six-year term was reduced to three years' hard labour.
Sentencing – requirement to give reasons – sentencing discretion reviewable; Burglary – seriousness and starting point (Chizumila) – adjustment for aggravating/mitigating factors; Simple burglary – three years' imprisonment with hard labour.
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30 July 1997 |
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Whether the defendant's three-year sentence for theft by servant was excessive and the appropriate reduced term.
Criminal law – Theft by servant – Sentencing principles – Whether original sentence manifestly excessive – Treatment of multiple thefts in one count – Breach of trust embodied in s.286.
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30 July 1997 |
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Custodial sentence for a first‑time misdemeanour offender imposed without reasons or s340 compliance was improper; appeal allowed.
Sentencing — First offender — Section 340 Criminal Procedure and Evidence Code — Requirement to record good grounds before imprisonment — Duty to give reasons for sentence — Consideration of s337 factors and non‑custodial alternatives.
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23 July 1997 |
| June 1997 |
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The applicant awarded K4,630,000 for unconstitutional forfeiture and loss of property.
Forfeiture and restitution — unconstitutional forfeiture under Forfeiture Act — assessment of fair compensation for land used in business (value to owner and disturbance loss) — valuation of confiscated chattels and award of general damages.
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30 June 1997 |
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Driver’s failure to keep proper lookout when turning caused collision; plaintiff awarded K50,000, loss-of-earnings claim dismissed.
Road traffic accident – Negligence – Duty to keep proper lookout when turning right – vicarious liability of employer – loss of earnings claim dismissed for lack of causal proof – general damages awarded K50,000.
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25 June 1997 |
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Reviewing court adjusted sentences for burglary and bicycle theft, applying guideline starting points and aggravation/mitigation principles.
Sentencing — Burglary: six-year starting point; mitigation (guilty plea, first offender, youth) can reduce to ~3 years; aggravation (acting in concert, planning, violence) increases sentence — Theft of bicycle: six months manifestly inadequate; appropriate sentence 18 months — Review of sentence for manifest inadequacy/excessiveness.
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25 June 1997 |
| May 1997 |
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Damages for trespass awarded as increased completion cost (K115,806) and K10,000 aggravated damages; no rental loss or interest on undisbursed loan.
Trespass to land – measure of damages for destruction of partially-built house – replacement/completion cost vs value at time of trespass – avoidance of double recovery; interest on undisbursed loan advances; aggravated damages for wrongful demolition by public authority.
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22 May 1997 |
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Claim for unpaid transport services allowed; debts awarded with interest at ordinary savings rate from action commencement and costs.
Contract and debt recovery – proof of agreement and invoices; Interest on overdue commercial debts – discretionary award and appropriate rate (ordinary savings deposit rate); Foreign currency invoices – conversion into Malawi Kwacha on payment; Civil procedure – substituted service and proceeding in defendant's absence.
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19 May 1997 |
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Whether exemplary and compensatory damages are awardable for false imprisonment by a political party and how to quantify them.
False imprisonment; exemplary (punitive) damages; Rookes v Barnard categories; liquidated vs unliquidated claims; assessment and quantum of damages; political party liability.
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8 May 1997 |
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Theft conviction set aside where prosecution failed to prove fraudulent/dishonest intent and absence of claim of right.
Criminal law – Theft – Elements: fraud/dishonesty and absence of claim of right; application of R v Ghost two-stage dishonesty test; honest (even unreasonable) belief of right negates theft; conviction unsafe if mental element not proved.
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7 May 1997 |
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Newspaper publication lowered the plaintiffs’ reputations; each awarded K15,000 where no privilege and defendant defaulted.
Defamation – newspaper publication – reputational harm – assessment of general damages (circulation, ability to clear character, defendant’s conduct) – confidentiality of source not a privilege to excuse defamatory publication.
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6 May 1997 |
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Court awarded differing general damages for two injured child passengers but declined future loss of earnings without supporting evidence.
Damages — Quantum of general damages for pain, suffering, loss of amenities and disfigurement — Assessment based on medical reports and visibility/severity of scars; Future loss of earnings — requirement of evidence of impairment to earning capacity; liability admitted.
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6 May 1997 |
| April 1997 |
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A 12-month sentence for a first offender’s theft of a goat was manifestly excessive; six months is the starting point.
Sentencing — Theft of livestock (goat) — Manifestly excessive sentence — General versus specific deterrence — First offender and guilty plea as mitigating factors — Appropriate starting point six months imprisonment with hard labour.
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23 April 1997 |
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Court raised an inadequate six-month burglary sentence to three years, finding youth and guilty plea insufficient mitigation.
Criminal law – Burglary – Sentence – Manifestly inadequate sentence increased on review – Chizumila precedent: six-year starting point; ordinary burglary about three years – guilty plea and youth not sufficient mitigation.
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23 April 1997 |
| March 1997 |
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Court increased defendant's burglary sentence to three years, stressing necessity of reasons and proper sentencing factors.
Criminal law – Sentencing – Requirement to give reasons for sentence – Sentencing discretion reviewable – Burglary serious offence; starting point six years with hard labour – Factors to scale sentence up or down (mitigating and aggravating circumstances) – Concurrent sentences.
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31 March 1997 |
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Appeal allowed: conviction unsafe due to poor visual identification, improper hearsay and misapplication of alibi law.
Criminal law — Robbery — Visual identification — Turnbull warnings — Alibi: prosecution must disprove — Hearsay: inadmissibility of co-accused statements to police — Identification parade evidence.
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26 March 1997 |
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Court reduces excessive sentence, endorses charge-alteration under s151 and forbids sentencing on withdrawn constituent counts.
Criminal procedure – Equivocal guilty pleas – Magistrate should not accept equivocal pleas; consider amending charge under s151
Criminal procedure – Amendment of charge – Court may alter charge where accused wishes to plead to different offence or evidence discloses different offence (s151)
Criminal procedure – Discharge under s81 – Withholding consent appropriate where discharge would prejudice accused
Sentencing – Manifestly excessive sentence for simple breaking-in without violence; reduction appropriate
Jurisdiction – No power to sentence on withdrawn or constituent lesser offence included in substituted charge
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16 March 1997 |
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Court confirmed sentence and amended burglary charge to housebreaking because the entry occurred during daytime.
Criminal law — Burglary v. housebreaking — nocturnal element required for burglary — daytime entry constitutes housebreaking — amendment/regularisation of charge and confirmation of sentence.
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15 March 1997 |