Results.
17 judgments found.
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| March 2017 |
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An accidental open fracture leading to infection was held the proximate insured cause, making the insurer liable within policy territory.
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Insurance law — Group personal accident — Proximate cause: open compound fracture permitting infection held operative cause of subsequent sepsis/DIC and amputations — "bodily injury caused by accidental, violent, external and visible means" — chain of causation; Territorial limits of policy; Admissibility and weight of unsworn medical reports vs expert opinion on records.
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29 March 2017 |
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Insurer liable where amputations were proximately caused by infection entering through an accidental open fracture occurring within policy territory.
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Insurance law — proximate cause — accidental bodily injury defined as violent, external and visible means — consequential infection/sepsis and DIC as proximate results of an open fracture — territorial limits of policy; admissibility and weight of expert opinion.
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29 March 2017 |
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Late review based on a provisional offer failed: evidence was discoverable earlier and immaterial against a registered title.
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Civil procedure — Review under Order 39 High Court Rules — Late application and implied leave — Fresh evidence tests (Jamas Milling; Ladd v
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Marshall) — Discoverability with due diligence — Provisional offer vs. document of title — Abuse of process
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29 March 2017 |
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Defective voir dire and inadequate corroboration (including biased relatives and inconclusive medical evidence) led to quashing of incest conviction.
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Criminal law — Juveniles Act s.122 (as amended) — voir dire requirements — child must be sufficiently intelligent and understand duty to speak truth; Evidence — corroboration required where child’s prosecution evidence admitted — independent corroboration necessary; Relatives as witnesses — potential bias and danger of false implication; Medical evidence — inconclusive report insufficient to corroborate sexual assault allegations; Retrial — not ordered where foundational evidence deficient and retrial would prejudice accused.
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21 March 2017 |
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Appeal dismissed: relatives’ uncorroborated evidence can be relied on where inconsistencies do not affect the core offence.
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Criminal law — arson; identification in daylight; witnesses related to complainant — corroboration not always required; appellate review of credibility and inferences; land dispute as context for crime.
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17 March 2017 |
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Identification, corroborated by possession of the getaway vehicle and ballistic evidence, upheld conviction and death sentence under s.294(2).
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Criminal law — Identification evidence — reliability and corroboration; Common purpose/joint enterprise — liability for acts within scope of design; Corroboration by possession of getaway vehicle and ballistic evidence; Admissibility of alleged admissions — need to test voluntariness; Sentence — aggravated robbery under s.294(2) (firearm) and death penalty.
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17 March 2017 |
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Murder convictions unsafe without medical causation evidence and defective voire dire; convictions substituted to assault under s.224(a).
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Criminal law — causation in homicide — necessity of calling author of post-mortem or medical expert where cause of death is stated as "kwashiorkor with septic burns"; Juveniles Act s.122 — twofold test (intelligence and understanding duty to speak truth) and effect of defective voire dire — discounting child evidence; admissibility of confessions to non-authority family members; appellate substitution of conviction and sentence to lesser offences (s.224(a)).
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17 March 2017 |
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Cogent circumstantial evidence and a weapon identified by the appellant sustained the murder conviction despite an inducement-related misdirection.
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Criminal law — murder; circumstantial evidence — inference must be the only reasonable inference; leading accused to scene — voluntariness/inducement; admissibility of real evidence obtained after impermissible inducement.
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17 March 2017 |
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Conviction for armed aggravated robbery unsafe where air pistols weren't firearms and identification relied on clothing and dock ID.
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Criminal law — Aggravated robbery — distinction between armed and ordinary aggravated robbery — definition of "firearm" excludes ordinary air guns; Identification — dock identification based on clothing without prior parade unsafe; Admissibility — admissions/leading/demonstrations require warn-and-caution and formal confession; Judgment standards — trial judge must evaluate evidence and give reasons per s169 CPC.
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17 March 2017 |
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Defective voire dire and lack of independent corroboration rendered the conviction unsafe; appeal allowed and conviction set aside.
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Criminal law — Incest — Juveniles Act s122 as amended — Voir dire requirements: child must possess sufficient intelligence and understand duty of speaking the truth — unsworn evidence no longer permitted — child evidence requires corroboration — Corroboration: independent material evidence required to establish commission and identity — relatives and interested witnesses may be suspect where motive or custody dispute exists — inconclusive medical reports insufficient corroboration — retrial not ordered where prosecution case lacks requisite corroboration.
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17 March 2017 |
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A 30-year sentence for manslaughter was substituted with 5 years where the trial court failed to credit plea and first‑offender mitigation.
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Criminal law — Sentencing — Manslaughter (maximum life imprisonment) — Requirement to consider plea of guilty and offender's antecedents — Sentences that are manifestly excessive may be substituted — Aggravating factors must be supported by evidence.
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16 March 2017 |
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Failure to properly admit an accused's inculpatory statement rendered the murder conviction unsafe; conviction set aside.
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Criminal law — Murder — Admissibility of accused's incriminating statement — Requirement for warning/caution and trial court inquiry before admitting statement — Confession of co-accused and non-adoption — Circumstantial evidence and safety of conviction — Misdirection leading to setting aside conviction.
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16 March 2017 |
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Circumstantial evidence found sufficiently cogent to exclude suicide; conviction and death sentence for murder upheld.
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Criminal law — Circumstantial evidence — Cogency required to exclude other hypotheses; treatment of relatives as potentially interested witnesses; post-mortem evidence and need for pathologist's oral testimony; malice aforethought and sentencing (death).
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16 March 2017 |
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A reliable single identifying witness can sustain a conviction despite a misdirected finding about weapon recovery.
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Criminal law — identification evidence — single identifying witness — when corroboration is required; witness with possible interest — spouse not automatically biased; misdirection on factual finding regarding weapon recovery.
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16 March 2017 |
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Qualified privilege protects communications to interested parties unless express malice is proved; mere lack of verification is insufficient.
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Defamation — qualified privilege — publication to interested parties — malice required to defeat privilege — failure to verify not per se malice — damages.
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7 March 2017 |
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The appellant obtained a 30‑day extension to file the record and heads due to the transcript not being typed.
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Court of Appeal — Extension of time to file record of appeal — Court of Appeal Rules (Order VII and Order XIII) — untimely transcription of proceedings — application granted — costs in the cause.
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2 March 2017 |
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Court granted 60‑day extension to file appeal record and heads, holding res judicata challenge should await the main appeal.
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Civil procedure — extension of time to file record and heads of argument — sufficient cause — transcript delay and office recess — res judicata objection to be determined in main appeal — discretionary relief granted.
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1 March 2017 |