Results.
14 documents found.
|
|
|
|
|
A raped minor’s denial of abortion breached reproductive rights; law and guidelines require considering mental-health grounds for termination.
-
Gender Equality Act — right to sexual and reproductive health; Penal Code s243 — preservation of life includes mental health; vicarious liability of employer; duty to impart information; Minister’s duty to provide clear clinical guidance; Human Rights Commission enforcement obligations; access to lawful abortion for minors impregnated by sexual violence.
|
|
Judgment |
28 October 2025 |
|
Bail pending appeal denied: no exceptional circumstances, appeal unlikely to succeed, substantial sentence remains unserved.
-
Criminal procedure — Bail pending appeal (s.359) — Discretionary relief only in exceptional, special or unusual circumstances — Factors include likelihood of success and risk of serving substantive sentence — Likelihood alone rarely sufficient.
|
|
Judgment |
28 July 2025 |
|
Criminal defamation provision struck down as an unconstitutional, disproportionate limit on freedom of expression.
-
Constitutional law — Freedom of expression — Criminal defamation — Section 200 Penal Code — Overbreadth, vagueness and chilling effect — Section 44 limitation test — Civil remedies as less restrictive means — Attorney General’s neutral role in constitutional referrals.
|
|
Judgment |
17 July 2025 |
|
Whether criminal defamation (section 200) unjustifiably limits freedom of expression and must be struck down.
-
Criminal defamation — Freedom of expression (section 35) — Limitation test (section 44(1),(2)) — Proportionality and necessity — Civil remedies as less restrictive means — Chilling effect — Decriminalisation consistent with regional and international jurisprudence — Attorney General’s impartial role in constitutional referrals.
|
|
Judgment |
17 July 2025 |
|
|
|
Judgment |
12 January 2025 |
|
Registrar’s refusal to issue admission petitions was a judicial act; appeal, not judicial review, was the appropriate remedy.
-
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.
|
|
Judgment |
12 August 2024 |
|
Court refused immediate release but ordered alternatives, a 30‑day deportation ceiling, non‑detention of children and reporting by the State.
-
Immigration law — detention limits under Immigration Act s.14(1) and Regulations (Reg.14(3)) — constitutional right to liberty — reasonable 30‑day ceiling pending deportation — alternatives to prison (temporary permits, bond, non‑prison facilities, self‑repatriation) — non‑detention of children — structural interdict and court oversight of implementation.
|
|
Judgment |
29 July 2024 |
|
Appellant’s convictions for grievous harm and malicious damage quashed for insufficient evidence; alternative conviction impermissible under precedent.
-
Criminal law — Grievous bodily harm — High threshold for ‘grievous harm’ under section 4/238 — Medical evidence not always mandatory but here insufficient; Malicious damage — proof of wilful or reckless damage required and absence of exhibit fatal; Alternative verdicts — courts may not substitute lesser offences where State chose charge (Namatav v Republic); Self‑defence and provocation — disproportional response defeats self‑defence, provocation not available to reduce non‑murder offences; Sentencing — original sentences excessive.
|
|
Judgment |
25 March 2024 |
|
Claims for false imprisonment, defamation and malicious prosecution failed; conversion established only as to retained office chattels, not the claimed money.
-
False imprisonment — distinction between reporting a crime and laying charges; Malicious prosecution — must prove prosecution by defendant, favourable termination, lack of reasonable cause and malice; Conversion — wrongful retention of chattels and denial of access; Pleadings — evidence inconsistent with pleadings may be rejected; Civil standard of proof — balance of probabilities.
|
|
Judgment |
19 March 2024 |
|
Ex parte judicial-review permission and stay discharged where claimants lacked standing due to material non-disclosure.
-
Judicial review — permission and interim relief — inherent jurisdiction to vacate ex parte orders; Locus standi — sufficient interest; Material non-disclosure — duty of full and frank disclosure in ex parte applications; Refugee law — status determination and effect of Ministerial rejection; Administrative procedure — phased execution of relocation notice (rural then urban); Costs — awarded where claimants improperly obtained interim relief.
|
|
Judgment |
12 August 2022 |
|
The applicant's convictions were upheld on circumstantial evidence and call logs despite improper use of section 3 CP&EC.
-
Criminal law
-
ircumstantial evidence
-
dmissibility of call logs/business records alse police statement as perjury xtradition (s.21)
-
ddition of lesser offences provable by extradition facts xclusion of illegally obtained evidence
-
nd limited scope of s.3 CP&EC
|
|
Judgment |
14 July 2021 |
|
Leave for judicial review refused where no recorded hospital decision, no medical evidence under s.243, and alternative remedies available.
-
Administrative law — leave to apply for judicial review — necessity of a recorded public decision; Abortion law — section 243 Penal Code exception for operations to preserve mother's life; Alternative remedies — criminal prosecution and child maintenance bars to review; Wednesbury unreasonableness; Onus on applicant to produce medical evidence.
|
|
Judgment |
15 June 2021 |
|
Respondent awarded custody after court found petitioner’s parental alienation harmed the children’s welfare; petitioner granted fortnightly visitation.
-
Child custody — Best interests and welfare of the child paramount — Children's views considered in context — Parental alienation: identification, remedy and speedy robust court response — Restoration/maintenance of parent-child relationship — Restriction on further applications without leave — Review of related criminal intimidation proceedings.
|
|
Judgment |
7 September 2018 |
|
Applicant challenged return-to-camp order; court held ID was not a residence permit and dismissed the challenge.
-
Refugee law — residence restrictions — identity card versus urban residence permit — standing — procedural fairness (s.43 Constitution) — discrimination (ss.20 & 44) — Article 26 reservation — ultra vires delegation — Immigration Act authority
|
|
Judgment |
17 April 2008 |