Results.
6 judgments found.
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| December 1990 |
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Applicant granted interim injunction to prevent disciplinary exclusion that would irreparably cost party membership and parliamentary seat.
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Constitutional and party law — Interim injunction to restrain party disciplinary exclusion — Procedural propriety of injunction where originating summons pending — Irreparable injury where loss of party membership entails loss of parliamentary seat — Referendum Act and UNIP Constitution
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31 December 1990 |
| November 1990 |
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A trial court must apply Section 12 to find incapacity before ordering detention under Section 167.
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Criminal law — Sanity and criminal responsibility — Section 12 Penal Code — Requirement to determine incapacity to understand or know wrongfulness — Special finding under Section 167 Criminal Procedure Code — Inadequacy of condensed judgment — Revision under Sections 337 and 338 CPC — Retrial and release
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5 November 1990 |
| September 1990 |
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Police may arrest on coroner's recommendation despite an earlier DPP direction; DPP may later reopen prosecution.
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Criminal procedure — Director of Public Prosecutions' discretion and independence (Art.58) — Coroner's inquest findings authorise arrest and referral — Article 20 autrefois and pardon limits — Police power to arrest and charge
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5 September 1990 |
| July 1990 |
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Court amended a defective statutory citation and reduced an excessive sentence for dagga possession of a first offender.
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Dangerous Drugs Act — possession — incorrect statutory citation (Reg. 6 v. Reg. 5) amendable where particulars clear; sentencing: fine or imprisonment or both — first offender ordinarily fined with imprisonment in default; review under s.337/338 CPC
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11 July 1990 |
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A court cannot impose corporal punishment where the statute prescribes a fine only; such a sentence is invalid.
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Criminal law — Sentencing — Offence punishable by fine only — Trial court lacked power to order corporal punishment — Penal Code s.27(2); Roads and Road Traffic Act s.110(1)
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9 July 1990 |
| May 1990 |
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Charging two distinct wildlife trophy offences as a single count constitutes duplicity and warrants retrial and refund.
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Criminal procedure — Duplicity — Charging multiple offences — Section 135 CPC requires separate counts — Remedy where duplicitous charge followed by guilty plea and fine; retrial ordered
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24 May 1990 |