Results.
9 judgments found.
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| August 2020 |
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Appeal against a 12-year manslaughter sentence dismissed; use of a firelog on a helpless victim was a significant aggravating factor.
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Criminal law — Manslaughter — sentencing principles — aggravating factor: use of weapon on a helpless victim — mitigation: first offender and youth — appellate interference test for sentences.
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31 August 2020 |
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Statutory defence of reasonable belief as to age arises only where accused admits carnal knowledge; omission of ocular observation not fatal here.
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Criminal law — defilement — statutory defence of reasonable belief as to age (proviso to s.138(1) Penal Code) — defence arises only where accused admits carnal knowledge but claims reasonable belief — necessity of ocular observation when age-belief is relied upon — omission not fatal where accused denies commission of offence.
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31 August 2020 |
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Appellant's self-defence and provocation claims were rejected; murder conviction and death sentence affirmed.
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Criminal law — Murder — Malice aforethought (s.204 Penal Code) — Self-defence: burden to negativate, improperly raised defence — Provocation: elements and requirement of provocative act — Failed defence and extenuating circumstances — Excessive force — Sentence: death affirmed where no mitigation.
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28 August 2020 |
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Appellants' murder convictions and death sentences affirmed: malice aforethought and common intention established.
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Murder — malice aforethought (s.204 Penal Code); common intention (s.22); credibility of eyewitness testimony; provocation and manslaughter; intoxication as mitigation.
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27 August 2020 |
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Appeal against murder conviction dismissed: single-witness identification and confession were properly evaluated; alibi and provocation rejected.
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Criminal law — Murder — Single identifying witness and recognition of a known person — Confession voluntariness and trial-within-a-trial — Relative witness and corroboration — Alibi and failed provocation — Appeal dismissed.
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26 August 2020 |
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Allegations of fraud affecting title require oral evidence; appeal allowed and matter remitted for trial by writ with amended pleadings.
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Property law — change of tenancy and sale of council house — allegation of fraud vitiating title — civil procedure — contentious factual disputes require trial with oral evidence; action should be by writ of summons; remittal for rehearing.
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26 August 2020 |
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Confessions to non-authorities admissible if voluntary; leading police to body corroborates murder; diminished responsibility not proved.
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Criminal law — admissibility of confessions to persons not in authority — voluntariness and Judges’ Rules — discretion to exclude for unfairness or impropriety; corroboration by accused leading police to body; diminished responsibility — proof and planning.
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25 August 2020 |
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Whether a voluntary confession to non‑authority persons is admissible absent unfairness, and whether other evidence sustains conviction.
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Criminal law — Confessions to non‑police persons — Admissibility depends on voluntariness and absence of unfair or improper conduct — Judges’ Rules guide police but do not preclude admitting voluntary confessions to lay persons — Discretion to exclude engaged only where confession induced by unfairness — Corroboration by leading to body and toxicology evidence — Diminished responsibility not established.
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25 August 2020 |
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Court allowed appeal, set aside dismissal for want of prosecution and restored the case for trial before another judge.
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Civil procedure — dismissal for want of prosecution — striking out and unless orders — adjournments due to party being out of jurisdiction — inordinate delay vs. prejudice — restoration to active cause list.
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24 August 2020 |