Results.
42 documents found.
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High Court set aside committal for extradition due to procedural unfairness, evidentiary defects, improper authentication, and safety concerns for applicants.
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Extradition — procedural fairness — right to be heard; adequacy of judicial reasons; authentication of extradition documents; hearsay and admissibility; linkage between ATP, warrants and charges; specialty and statutory compliance; consideration of safety, delay and bad faith.
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Judgment |
31 October 2025 |
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Leave for judicial review dismissed for deficient drafting, but applicant granted liberty to refile with notice to respondent.
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Judicial review — leave to apply — procedural and drafting deficiencies (typos, wrong citations, unclear arguments) — Order 19 CPR — dismissal with liberty to refile — notice to respondent.
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Judgment |
22 September 2025 |
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Chief Justice certifies the whole proceeding as constitutional; certification is a judicial, conclusive act not amenable to review or appeal.
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Certification under s.9(2) Courts Act — Chief Justice certifies the whole original proceeding; Certification is judicial, conclusive and transforms the case into a constitutional matter; Party-commenced certification ordinarily commenced by summons under CPR Order 19 (service and response required); Alleged procedural irregularities in certification are to be addressed to the Chief Justice (Order 2 Rule 3(a)), not by judicial review or appeal.
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Judgment |
2 September 2025 |
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Court refused challenge to Acting Director’s authority, stayed 24‑hour production requirement, and granted review permission on campaign speech vs ACB investigatory powers.
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Administrative law — judicial review; Actings appointments — authority of Deputy Director to act as Director; Anti‑Corruption Bureau powers — s.10–11 Corrupt Practices Act; Electoral law — freedom of expression during campaign (constitutional s.35 and Elections Act s.53–55); Reasonableness of statutory document production timelines; Interim stay to protect campaign speech.
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Judgment |
31 August 2025 |
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Claimant lacked a cognisable right and sufficient interest to seek judicial review of the appointment; application dismissed and costs awarded.
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Judicial review — permission stage — Order 19 rule 20 requirements — must show a right, interest or legitimate expectation affected and sufficient locus standi; speculative future grievances non-justiciable; interlocutory injunction falls away where permission denied; costs follow the event.
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Judgment |
20 August 2025 |
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Judgment |
18 August 2025 |
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Judgment |
18 August 2025 |
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Court declared multiple constitutional breaches in a detained child’s treatment and ordered declarations, mandamus, compensation and costs.
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Constitutional and child-protection law — detention of children — torture and cruel, inhuman or degrading treatment — right to be informed of rights on arrest — prompt notification of parent/guardian — separation from adult offenders — right to nutrition — entitlement to compensation and mandamus relief.
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Judgment |
19 June 2025 |
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The respondent's application for leave to appeal was denied because the High Court's review judgment remained inchoate pending assessment of terminal dues.
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Administrative law — Appeals — Leave required for appeals from High Court judgments given on review under s123(2) of the Constitution and s21 of the Supreme Court of Appeal Act; inchoate judgments pending Registrar’s assessment; Ombudsman jurisdiction — anonymous complaints and locus standi; interpretation of constitutional provisions and binding precedent.
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Judgment |
22 May 2025 |
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Judicial review of the DPP’s prosecutorial decisions is exceptional; applicants must first exhaust parliamentary and criminal remedies.
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Prosecutorial discretion — Judicial review leave — Selective prosecution alleged — Requirement to exhaust parliamentary oversight (Legal Affairs Committee) — Exceptional circumstances threshold (dishonesty/mala fides) — Prematurity and abuse of civil process to challenge criminal proceedings.
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Judgment |
28 April 2025 |
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The employer's appeal against compensation for the respondent's constructive dismissal was dismissed; s63 discretion upheld.
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Employment law — Unfair/constructive dismissal — Assessment of compensation — Sections 63(4) and 63(5) Employment Act — Immediate loss and future loss — Pleading standards in Industrial Relations Court — Statutory severance allowance (s35).
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Judgment |
4 April 2025 |
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Oral preliminary objections are procedurally improper; such issues must be raised by formal application supported by affidavit.
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Civil procedure — preliminary issues — must be raised by formal application supported by affidavit and skeleton arguments — oral preliminary objections improper — viva voce evidence from counsel inappropriate — improperly raised issue struck out with liberty to refile.
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Judgment |
25 March 2025 |
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Registrar’s total non-response to information requests on political party funding was unlawful and required written explanation; fee non-payment alone did not justify silence.
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Access to information — political party funding — duty of Registrar to respond — constitutional right of access (s.37) — Political Parties Act s.36 — subsidiary fees and competence of requests — absence of regulations — judicial review of administrative non-response.
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Judgment |
12 March 2025 |
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Leave for judicial review of a Law Society disciplinary process was discharged as premature; disciplinary self-regulation aligns with procedural-fairness rights.
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Administrative law — judicial review — permission to commence — prematurity of review before disciplinary hearing; Legal profession — self-regulation and disciplinary jurisdiction; Constitutional law — section 43 right to procedurally fair administrative action; Professional ethics — personal conduct on social media as conduct bringing profession into discredit.
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Judgment |
11 March 2025 |
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Failure to serve the mandatory pre‑suit notice and the time‑barred nature of the dispute rendered the applicants’ claim and motion a nullity.
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Civil procedure — pre‑suit notice mandatory under Civil Procedure (Suits By and Against Government) Act s4 — non‑compliance renders action a nullity; administrative law — challenges to Ministerial implementation of statutory pension scheme are matters for judicial review; limitation — three‑month rule for judicial review; declaratory relief cannot circumvent pre‑suit notice requirement.
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Judgment |
3 February 2025 |
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Dismissals for operational requirements without consultation were unfair; applicants entitled to compensation.
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Employment law — unfair dismissal — operational requirements/retrenchment — statutory consultation requirement — justice and equity (s.61 Employment Act) — funding contingency clause — contractual notice period — compensation assessment.
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Judgment |
3 February 2025 |
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Ex parte permission for judicial review discharged for abuse of process and suppression of prior related proceedings.
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Administrative law — Judicial review — Ex parte permission — Duty of frank and full disclosure — Suppression of prior related proceedings — Abuse of court process via multiplicity of actions — Discharge of permission and interlocutory injunction — Discretionary extension of time (functus officio).
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Judgment |
31 January 2025 |
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Document |
24 January 2025 |
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Leave to appeal and a stay were dismissed as premature and procedurally incompetent because the High Court judgment remained inchoate.
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Civil procedure — inchoate judgment — premature leave to appeal — inchoate judgments not appealable; stay of execution — must first apply to High Court where concurrent jurisdiction exists; SCA jurisdiction invoked after refusal by High Court; procedural competency of applications.
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Judgment |
22 January 2025 |
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High Court reviewed and set aside subordinate custody order, awarding primary custody to the breastfeeding mother and ordering medical and social assessments.
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Family law — Custody — Best interests of the child — Infant breastfeeding as paramount consideration — High Court supervisory review under Section 26 Courts Act — Quashing subordinate court custody order — Orders for medical and social welfare assessments.
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Judgment |
22 January 2025 |
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Unexplained division of matrimonial property set aside and remitted for rehearing due to lack of reasons and analysis.
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Matrimonial property distribution — duty to give reasons — assessment of contributions and parties' intentions — improper delegation to Registrar — remittal for rehearing.
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Judgment |
17 December 2024 |
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Appeal dismissed for inordinate delay and failure to prosecute; missing-file excuse was unsubstantiated hearsay.
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Civil procedure — dismissal for want of prosecution — Order III r.9 (record of appeal) — Practice Direction No 1 of 2010 (skeleton arguments) — missing court file allegation — hearsay — failure to prosecute — costs.
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Judgment |
29 November 2024 |
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Whether seized foreign currency should be forfeited where a businessperson hid funds and used a fake receipt, outweighing mitigating circumstances.
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Exchange control — Regulation 36(1) discretionary forfeiture of foreign currency — judicial exercise of discretion — aggravating factors (large sum, concealment, forged receipt, business person) v. mitigating factors (first offender, plea, alleged hardship) — precedents: Kamanga; Zheng Yan; Henry Kopa; Ashraf Bdallal El Ali — requirement to hear accused in opposition to forfeiture.
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Judgment |
20 November 2024 |
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Judgment |
6 November 2024 |
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Employer breached its redundancy policy and failed to meaningfully consult, rendering the dismissal unfair and attracting compensation.
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Employment law — redundancy and retrenchment — s.57(1) Employment Act — duty to consult where employer’s terms/policy require it — relevance of ILO Termination of Employment Convention No.158 and Ministry of Labour guidelines — procedural fairness, meaningful consultation and use of proper evidence — unfair dismissal and compensation.
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Judgment |
1 November 2024 |
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Application to file supplementary skeleton arguments deferred to the full bench; copies to be supplied by deadline or dismissed.
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Civil procedure — interlocutory application for leave to file supplementary skeleton arguments — judicial discretion — timing and service of filings — appropriateness of single-member determination where appeal listed before full bench — procedural directions and automatic dismissal for non-compliance.
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Judgment |
24 October 2024 |
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The court ceased jurisdiction after referral to arbitration and declined to entertain further applications.
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Arbitration law — Referral to arbitration cedes court jurisdiction — Court obliged to honour arbitration agreement; inability to hear matters once jurisdiction ceded; procedural delay attributable to counsel’s failure to appoint arbitrator.
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Judgment |
16 October 2024 |
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An appeal can be struck out for inordinate delay where the appellant fails to ensure timely preparation of the record of appeal.
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Civil procedure — Appeal — Want of prosecution — Delay in preparation of record of appeal — Duties of appellant and court under procedural rules — Inherent jurisdiction to strike out appeal — Suspension of enforcement vacated — Costs under s72 Labour Relations Act
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Judgment |
11 October 2024 |
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Applicant granted leave to appeal out of time; time enlarged seven days; no order for costs.
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Civil procedure — leave to appeal out of time — enlargement of time — requirement of good and substantial reasons — prima facie merits of proposed grounds — undue delay.
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Judgment |
30 September 2024 |
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Applicant granted seven-day enlargement and leave to appeal out of time after showing good and substantial reasons and prima facie merit.
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Civil procedure — enlargement of time for appeal — leave to appeal out of time — requirement of good and substantial reasons — prima facie merits of proposed grounds — undue delay — discretionary relief (NBS Bank Ltd v R.J. Hamdani)
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Judgment |
30 September 2024 |
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Registrar’s refusal to issue admission petitions was a judicial act; appeal, not judicial review, was the appropriate remedy.
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Judicial review — Registrar's refusal to issue court documents — issuance as a judicial function requiring application of judicial mind — decisions of Registrar exercising judicial functions not amenable to judicial review — alternative remedy by appeal — exhaustion of remedies.
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Judgment |
12 August 2024 |
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Convictions upheld; enhanced sentences set aside because the appellant was not given notice or a hearing before enhancement.
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Criminal law — Defilement and child trafficking — Convictions upheld; Sentence enhancement — appellate increase set aside for failure to afford audi alteram partem — Right to be heard before adverse sentencing order — Late filing of skeleton arguments allowed as exception — State nonattendance at apex court criticized.
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Judgment |
23 July 2024 |
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Appeal dismissed for lack of mandatory leave and lateness; review misuse condemned and stays discharged for prompt prosecution.
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Criminal procedure — Appeals from High Court in criminal review — Mandatory requirement for leave under section 11(2) — Time limits for notice of appeal under section 17(1) — Misuse of review as substitute for appeal — Stays discharged and case remitted for directions.
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Judgment |
2 May 2024 |
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An applicant cannot obtain leave to appeal to the SCA on an interlocutory matter without certified lower-court refusal and procedural propriety.
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Civil procedure — Leave to appeal — Requirement to seek leave in the court below and to produce certified refusal before approaching appellate court — Interlocutory/non-final matters not appealable — Procedural propriety for litigants in person.
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Judgment |
19 February 2024 |
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Regulator acted ultra vires by treating subscription-management provider as a tariff-setting broadcaster; committee hearing was procedurally fair.
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Communications law — Tariff regulation (s.74(1)) — Distinction between subscription broadcasting and subscription management services — Scope of licence — Ultra vires review — Delegation to committees (s.15) — Procedural fairness of regulatory enforcement hearing.
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Judgment |
1 December 2023 |
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DPP’s appeal dismissed: prosecution failed to establish cause of death or nexus, so no case to answer.
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Criminal law — case to answer — prima facie case; murder — causation, nexus and malice aforethought; circumstantial evidence and doctrine of last seen; admissibility and weight of expert and post-mortem evidence; delegation of prosecutorial power; requirements for notice of appeal.
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Judgment |
28 July 2021 |
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Whether striking out a defence at mandatory mediation was a proportionate sanction and whether mediation confidentiality was breached.
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Civil procedure — mandatory mediation — Order 13 r.6 CPR (2017) — striking out defence for non-attendance — proportionality of sanction; mediation confidentiality — Order 13 r.7 — use of mediation materials in substantive orders; case management discretion — appellate review; restoration and costs as remedies.
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Judgment |
23 June 2021 |
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Discharge for statutory delay refused where felonies and misdemeanours formed part of the same series; s.302A inapplicable.
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Criminal procedure — s.302A CP&EC (time limits for trial) — s.261 CP&EC — s.127 CP&EC (charging felonies and misdemeanours together) — attribution of delay — discharge for delay refused.
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Judgment |
2 August 2019 |
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Applicant failed to prove individual entitlement to customary land; trial findings upheld and appeal dismissed with costs.
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Land law — Customary land — Communal ownership; chiefs’ power to authorize use under customary law — No individual title. Civil procedure — Burden and standard of proof: balance of probabilities
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Evidence — deference to trial court findings
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Appeals — abuse of process; dismissal with costs
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Judgment |
23 July 2018 |
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Whether the applicant may challenge project implementation without an EIA and secure state-held project documents under the right to information.
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Administrative Law — Judicial Review — Leave to apply for judicial review; standing and arguable case
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Environmental Law — Environmental Impact Assessment — Requirement to conduct EIA and obtain approval before implementation — Environment Management Act s24; Specified Projects Notice (1998)
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Constitutional Law — Right of Access to Information — State-held documents — Constitution s37 — Disclosure ordered
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Judgment |
21 April 2017 |
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Appellate court upheld conviction and concurrent sentences based on recent possession and an unreasonable explanation.
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Criminal law — burglary and armed robbery — doctrine of recent possession — possession of stolen property shortly after theft — burden and standard of proof — appellate restraint on sentence interference; concurrent sentences.
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Judgment |
3 April 2017 |
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Trial held in prison without Chief Justice direction is a nullity; confessions obtained by compulsion must be excluded.
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Constitutional law — appeal or review under section 42(2)(e) — statutory expansion of rights; Criminal procedure — venue — trials in prison precincts without Chief Justice direction violate public hearing right; Evidence — confessions — section 176 CPE Code admits only relevant and admissible confessions; confessions obtained by compulsion/torture (sections 19(3), 42(2)(c)) must be excluded; procedural requirement that courts determine voluntariness as preliminary factual matter; date in charge generally not essential.
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Judgment |
21 April 2015 |