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Citation
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Judgment date
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| June 2000 |
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Unregistered but evidenced charge can create an equitable security; injunction discharged and plaintiff secured in equity.
Registered Land Act — unregistered charge and registration requirements; equitable charge by contract/part-performance; priority and notice; bona fide purchaser; injunction discharge; fraud allegation not established.
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29 June 2000 |
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23 June 2000 |
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22 June 2000 |
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22 June 2000 |
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A magistrate may not impose maximum imprisonment for a misdemeanour without considering a fine and giving reasons.
Criminal law – Sentencing – Misdemeanour (trespass on burial place) – Section 129 Penal Code; when no penalty specified – Section 34 Penal Code – process of elimination between fine and imprisonment – excessive sentence – sentence reduced on review.
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7 June 2000 |
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Robbery sentence increased as manifestly inadequate; consecutive sentences set aside in favour of concurrent terms.
Sentencing — adequacy of sentence for robbery — aggravating factors: concerted action, multiple offences in short succession, harm to small businesses — mitigation: youth and first offence — concurrent versus consecutive sentences — sentence review by High Court.
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7 June 2000 |
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Default imprisonment exceeding statutory limits for fines is unlawful; escape from custody ordinarily merits custodial sentences.
Criminal law – Escape from lawful custody – Sentencing – Fines vs immediate custodial sentences – Default imprisonment limits under Penal Code s29(3) (amended) – Requirement under Criminal Procedure and Evidence Code s15(3) to await High Court confirmation before executing fines over K100 – mitigation (guilty plea, first-offender, injuries during arrest).
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7 June 2000 |
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Interim injunction refused where sale likely concluded at fall of hammer and damages were an adequate remedy.
Interlocutory injunctions – American Cyanamid principles – adequacy of damages – auction sale (fall of the hammer) – detinue/conversion v breach of contract – undertaking as to damages – specific performance unavailable for chattels.
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5 June 2000 |
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Expiry or subsequent registration of a design does not defeat a passing-off claim; interim injunction granted to protect goodwill.
Passing-off – distinct tort protecting goodwill – registered design expiry does not bar passing-off – subsequent registration by defendant not a defence – interlocutory injunction appropriate where triable issue and damages inadequate – preservation of status quo ante.
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4 June 2000 |
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Interlocutory injunction refused where damages are adequate and plaintiffs cannot provide a satisfactory undertaking in damages.
Interlocutory injunction — American Cyanamid principles — adequacy of damages — auction sale and transfer at fall of hammer — remedies in tort or contract (detinue/conversion vs. breach) — inability to give satisfactory undertaking as to damages — refusal of interim relief.
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4 June 2000 |
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A guilty plea taken without access to counsel or explanation of offence elements vitiated the conviction; appeal allowed.
Criminal procedure — Right to legal representation — Access to counsel — Validity of guilty plea — Requirement to reintroduce charge and explain elements — Procedural fairness — Setting aside conviction and sentence.
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1 June 2000 |
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Court limited conviction to admitted items and quashed sentence where supporting facts failed to prove value of stolen property.
Criminal law — guilty plea — requirement to put elements of offence to accused — equivocal plea — duty to test facts raised in caution statement — conviction limited to admitted items; sentencing — value of property must be proved for guideline-based sentence.
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1 June 2000 |