Results.
9 judgments found.
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| June 2024 |
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Court upheld Penal Code provisions criminalising certain same-sex sexual conduct and dismissed constitutionality challenges.
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Constitutional law — Criminal law — Sections 153(a), 154, 156 Penal Code — Whether offences criminalising "carnal knowledge against the order of nature", attempts and male-on-male gross indecency violate rights to equality, privacy, dignity, personal liberty and fair trial — Interpretation of the Constitution — Scope of right to privacy — Presumption of constitutionality — Locus standi — Referral procedure for constitutional questions.
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28 June 2024 |
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Bail granted where the State failed to prove incomplete investigations or likelihood of witness intimidation justified continued detention.
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Criminal procedure — Bail and release pending investigation — Constitutional right to release with or without bail (s.42) — State’s burden to show interests of justice — Incomplete investigations not, by themselves, a ground to deny bail — 48‑hour rule and police subject to court direction.
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26 June 2024 |
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Employee unfairly dismissed due to procedural bias and defective charges; awarded compensation, severance and notice pay.
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Employment law — Unfair dismissal — Procedural fairness and natural justice — Investigator sitting on disciplinary panel (bias) — Insufficient particulars in charges — Employer’s burden to prove valid reason and act with justice and equity — Compensation and severance calculations — Bonus eligibility.
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24 June 2024 |
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A late application for security for costs was dismissed where claimant rebutted jurisdictional and asset concerns and delay made the order oppressive.
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Security for costs — Order 32 CPR — residence and central management — assets and enforceability of costs — delay in bringing application — prospects of success — oppressive/stifling effect.
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19 June 2024 |
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No prima facie case: causation and trafficking (abuse of law/purpose) not proved; confessions limited in weight.
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Criminal law — Prima facie case — Manslaughter (unlawful act/gross negligence) — Causation — Admissibility and weight of caution statements (s.176 CP&EC) — Trafficking in persons — Elements: act, means ("abuse of law"), purpose (exploitation) — Circumstantial evidence and identification parade reliability.
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19 June 2024 |
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Stay of execution upheld where registry-caused appeal delay and respondent’s concealment of related conviction negated discharge.
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Forfeiture and stay of execution — application to discharge stay for alleged inordinate delay — duty of Registrar/Registry to prepare record of appeal — shortcomings in record not attributable to appellant — concealment of parallel money-laundering conviction involving same seized funds — discretion to refuse relief and award costs.
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19 June 2024 |
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Application for permission to apply for judicial review dismissed for failing to follow the correct procedural provisions.
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Civil procedure — Judicial review — Procedure for seeking permission after High Court refusal — Supreme Court of Appeal Act s.8 and CPR 1998 Part 52.15 govern practice — Incorrect reliance on SCA s.7, Order II, or High Court Order 19 rules — Procedural incompetence warrants dismissal; interlocutory relief falls away.
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14 June 2024 |
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Whether a spouse’s omission to obtain urgent care plus toxicology and circumstantial evidence establish murder.
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Criminal law — Murder: elements (death, unlawful act/omission, malice aforethought) — Circumstantial evidence and last-seen doctrine — Post-mortem toxicology and algor mortis — Omission by spouse to obtain urgent care as actus reus/mens rea — Admissibility/weight of caution statement.
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6 June 2024 |
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The claimant, a public‑servant officer, successfully challenged as unlawful the President’s appointment of an outsider above retirement age to head Immigration.
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Administrative law — Judicial review — Locus standi — Appointment law — Immigration Act (s.3) v Public Service Act — Appointment must be from public service — Mandatory retirement (Public Service Act s.29) — Re‑engagement circular insufficient — Justiciability of statutory appointments.
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6 June 2024 |