Results.
47 documents found.
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Judgment |
4 January 2024 |
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Judgment |
14 December 2023 |
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Judgment |
13 December 2023 |
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Judgment |
13 December 2023 |
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Judgment |
12 December 2023 |
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Conviction for heroin trafficking upheld; thirty-year sentence set aside and enhanced to mandatory life imprisonment.
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Criminal law — Criminal procedure act — night searches and procedural safeguards
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Criminal law — Narcotics trafficking — proof of possession and knowledge (actual and constructive) — dominion and control
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Criminal law — Search and seizure
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Criminal law — sentencing
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— appellate enhancement
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— mandatory life imprisonment for trafficking under DCEA
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Evidence — chain of custody and admissibility of physical exhibits — relevance, materiality, competence
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Judgment |
18 September 2023 |
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Court substituted murder conviction with manslaughter, finding malice aforethought not proved beyond reasonable doubt.
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Criminal procedure
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— Appeal — substitution of conviction and sentence from murder to manslaughter
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— assessors — sufficiency of judicial summing up on malice aforethought and local custom
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— committal proceedings — compliance with s.246(2) CPA
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— Evidence — admissibility of witness and post‑mortem evidence via video conferencing where accused and counsel are present
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— Homicide — proof of malice aforethought beyond reasonable doubt
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Judgment |
12 September 2023 |
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Judgment |
11 September 2023 |
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Judgment |
9 August 2023 |
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Judgment |
1 August 2023 |
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A warrantless premises search based on prior information was not an emergency; seized evidence excluded and conviction quashed.
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Criminal law — Search and seizure — Emergency search — s. 42(1)(b)(ii) Criminal Procedure Act
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Evidence — Illegally obtained evidence — Seizure and chemical analysis excluded — Conviction unsustainable
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Judgment |
22 June 2023 |
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Judgment |
6 June 2023 |
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Non‑disclosure of a physical exhibit at committal is fatal unless properly tendered under section 289, rendering conviction unsafe.
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Criminal law — Admissibility — non-disclosure at committal — resort to section 289(1)/(4) CPA to tender additional evidence
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Criminal procedure — committal proceedings — disclosure of physical exhibits — equality of arms
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Evidence — identification in court and non‑objection do not cure committal non‑compliance. Conviction unsustainable where primary exhibit expunged
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Judgment |
5 June 2023 |
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Judgment |
5 May 2023 |
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Judgment |
5 May 2023 |
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Oral proof of chain of custody sufficed for non-easily-tampered narcotics; acquittal substituted with conviction against respondent.
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Appellate practice — Appellate review — Substitution of acquittal with conviction where trial court misapplied evidential principles
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Criminal law — Narcotics — Chain of custody
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Evidence — No fixed number of witnesses required to prove a fact
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Judgment |
28 April 2023 |
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Judgment |
27 April 2023 |
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Judgment |
24 April 2023 |
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Appeal allowed: armed robbery conviction quashed where prosecution failed to prove appellant was armed or threatened the victim.
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Criminal law — admissibility of statements of absent witnesses
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— appellate re-evaluation where conviction unsafe
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— compliance with s.34B Evidence Act
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— expungement of improperly admitted statements
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— reasonable doubt from defence explanation
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Criminal law — Armed robbery
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Criminal law — Cautioned statements — statutory timing
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Judgment |
12 April 2023 |
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Appeal allowed: convictions quashed where identification, cautioned statements and identification of recovered property were unreliable.
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Criminal law — Visual identification and identification parades — cautioned statements — identification of recovered property
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Judgment |
11 April 2023 |
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Failure to list physical narcotic exhibits at committal rendered them inadmissible and convictions unsafe.
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Criminal procedure — committal proceedings
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Judgment |
11 April 2023 |
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Proceedings where key witnesses testified in the accused’s absence violated fair trial, nullifying conviction and ordering retrial.
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Appellate practice — Appellate jurisdiction — Court may invoke revisional powers under s.4(2) AJA where first appellate court failed to address a ground of appeal
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Criminal procedure — Duty to furnish witness’s statement to accused
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— Mandatory requirement
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— non-compliance may be curable if no prejudice
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Criminal procedure — fair trial — Evidence generally to be taken in accused’s presence — Exception where accused absent — Improvident use of s.226(1) can vitiate trial
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Evidence — Recall of witnesses — refusal to recall witnesses who testified in accused’s absence can infringe fair hearing
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Judgment |
4 April 2023 |
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For prisoner appellants time runs from presentation/receipt via prison officer; time‑bar dismissal was improper and appeal remitted.
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Criminal procedure — Prisoners’ appeals — Notice of appeal given to officer‑in‑charge of prison within statutory time deemed filed in time — Section 363, Criminal Procedure Act
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Appellate practice — Striking out appeals — Dismissal versus striking out — Proper remedy where appeal is time‑barred
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Judgment |
31 March 2023 |
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Judgment |
31 March 2023 |
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Judgment |
30 March 2023 |
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Judgment |
29 March 2023 |
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Judgment |
29 March 2023 |
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Judgment |
29 March 2023 |
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Judgment |
28 March 2023 |
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Judgment |
28 March 2023 |
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Judgment |
28 March 2023 |
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Judgment |
27 March 2023 |
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Judgment |
27 March 2023 |
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Judgment |
27 March 2023 |
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Judgment |
23 March 2023 |
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Judgment |
22 March 2023 |
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Judgment |
22 March 2023 |
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Judgment |
21 March 2023 |
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Judgment |
13 March 2023 |
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Convictions quashed where lower courts failed to evaluate defence and prosecution failed to prove obtaining money by false pretences.
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Criminal law — Obtaining Money by False Pretences — ingredients: false representation, fraudulent intent, inducement
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Evidence
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— Duty to evaluate whole evidence including defence
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— summary is insufficient
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— Variance between charge particulars and evidence — fatal where no amendment
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Judgment |
10 March 2023 |
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Failure to allow the appellants to object to exhibits and cross‑examine a witness vitiated the trial, requiring retrial.
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Criminal procedure
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— denial of opportunity to object to exhibits
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— denial of right to cross‑examination
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— Procedural irregularity vitiating trial
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— retrial as remedy
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— Right to be heard
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Judgment |
9 March 2023 |
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Judgment |
2 March 2023 |
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Search under WCA lawful; conviction upheld but second-count sentence amended to mandatory 20-year term.
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Wildlife offences — Criminal burden
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— appellate correction of unlawful sentence
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— quality over quantity of witnesses
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Wildlife offences — Evidence
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— expunction where unmet
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— oral evidence may sustain case
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— procedural requirement to read contents of admitted documents
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Wildlife offences — Wildlife conservation act s106 — authorized officer may search without warrant
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Judgment |
1 March 2023 |
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Judgment |
1 March 2023 |
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Judgment |
22 February 2023 |
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Judgment |
17 February 2023 |
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Judgment |
30 January 2023 |