Results.
39 judgments found.
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| December 1980 |
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Failure to warn accused, unexplored evidential inconsistencies and absence of medical testimony made convictions unsafe.
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Evidence — Statements by accused: person in authority and requirement of warn and caution; voluntariness contested — trial within a trial; Evidence — Medical report under s.191A — desirability of calling medical officer; Inconsistencies in prosecution evidence and reliability of confessions; Sentence — need for medical evidence on injury severity
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31 December 1980 |
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Transitional deeming preserved a pre-Independence emergency declaration; Presidential detention orders are prima facie valid, detainee bears burden to show otherwise.
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Constitutional law — detention — transitional and deeming provisions preserving pre-Independence emergency declaration — s.7 Zambia Independence Order construed as producing a s.29(1)(b) declaration; Presidential detention orders prima facie valid; burden on detainee to adduce prima facie case; failure to furnish grounds within prescribed period raises presumption of non-existence ab initio; lengthy police interrogation not alone sufficient to establish invalidity
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28 December 1980 |
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Whether a trial court must exercise discretion before refusing the applicant's request to withdraw a guilty plea.
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Criminal procedure — Plea retraction — A trial judge may permit withdrawal of a guilty plea before sentence but only on good and sufficient grounds; court should ask accused his reasons; failure to exercise discretion is a serious misdirection; conviction quashed and retrial ordered
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18 December 1980 |
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Failure to enter a verdict after plea renders the trial a nullity; acquittal set aside and retrial ordered.
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Criminal procedure — Adjournment discretion — Factors to consider; Plea and commencement of trial under s.276; Requirement that verdict be entered before acquittal or conviction; Failure to enter verdict renders trial a nullity
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17 December 1980 |
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The applicant must be acquitted on a general-deficiency theft charge if his explanation could reasonably be true.
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Criminal law — Theft by public servant — General-deficiency charges — Proof required of conversion of specific funds; accused’s reasonable explanation entitles to acquittal where not excluded
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17 December 1980 |
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Trial courts must decide all disputed matters; appellate courts disturb factual findings only if perverse or unsupported.
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Civil procedure — duty of trial court to adjudicate all matters in dispute — Appeal — interference with trial findings of fact only if perverse, unsupported or based on misapprehension — Burden of proof in wrongful dismissal — Remittal for further findings.
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15 December 1980 |
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Whether bail pending appeal is appropriate when a single-judge refusal entitles a full court determination and the High Court must exercise s.336 discretion.
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Criminal procedure — Bail pending appeal — High Court power under s.336 Criminal Procedure Code — Discretionary nature of s.336 — Single-judge refusal of leave to appeal entitles full court determination under s.4 Supreme Court Act — Supreme Court jurisdiction to hear bail only after High Court refusal under s.336
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3 December 1980 |
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Dangerous driving requires breach of the reasonably prudent standard and may attract conviction despite others' contributory negligence; fines must consider ability to pay.
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Roads and Road Traffic — Dangerous driving vs. careless driving — Objective standard of reasonably prudent driver — Highway Code as evidential — Contributory negligence not a defence if accused's driving was a substantial cause — Sentencing: fines with imprisonment in default must consider ability to pay; fine and licence suspension part of total punishment
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3 December 1980 |
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Mistaken belief must be honest and reasonable; appellant's insanity under s.12 negated criminal responsibility despite intent.
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Criminal law — Murder — Defences — Mistaken belief (s.10 Penal Code) requires honesty and reasonableness; reasonableness absent where belief induced by mental disorder — Insanity (s.12 Penal Code) may negate criminal responsibility despite intent — Section 9 (lack of intention) inapplicable where intent to cause grievous harm exists
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3 December 1980 |
| November 1980 |
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Court upheld conviction where multi-witness identification and recovery of stolen property corroborated guilt despite no parade.
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Criminal law — Identification evidence and honest mistake — Necessity of identification parade where identity in issue — Recent possession as corroboration versus sole inference of guilt — Standard of proof beyond reasonable doubt
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5 November 1980 |
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Whether carrying another's licensed firearm or leaving a servant with a trophy constitutes unlawful possession and triggers forfeiture.
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Criminal law — Possession: carrying another’s licensed firearm/ammunition and custody of trophy; statutory construction—legislative intention; forfeiture under s.145(1) National Parks and Wildlife Act
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5 November 1980 |
| October 1980 |
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An equivocal admission "I stole" is not an unequivocal guilty plea to theft; proceedings on such a plea are void and retrial ordered.
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Criminal procedure — Plea — Whether accused’s statement "I stole" is an unequivocal plea of guilty to theft — Magistrate’s duty to establish and record understanding and admission of every ingredient — Equivocal plea renders proceedings a nullity — Proper charge may be unlawful taking (s.229 Roads and Road Traffic Act)
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20 October 1980 |
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Aborted trial within a trial on voluntariness of confession prejudiced the accused; conviction quashed and retrial ordered.
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Criminal procedure — Confession evidence — Contesting voluntariness requires a full trial within a trial; aborted trial within a trial prejudices accused and may necessitate retrial
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20 October 1980 |
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The High Court may not dismiss the applicant's appeal for want of prosecution; section 325 requires a reasoned disposal in absence.
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Criminal procedure — Appeal — Absence of appellant at hearing — Section 325 Criminal Procedure Code permits summary disposal in absence but requires examination of record and reasoned judgment — High Court may not dismiss appeal for want of prosecution — Service of notice and inquiry required.
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7 October 1980 |
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An appellate court must not dismiss an appeal for want of prosecution; s.325 requires examination of the record and a reasoned judgment.
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Criminal procedure — Appeal — Absence of appellant — Section 325 Criminal Procedure Code permits summary disposal in absence — High Court may not dismiss appeal for want of prosecution — Requirement to investigate service and to examine record and give reasoned judgment
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6 October 1980 |
| August 1980 |
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Custodial sentence for first offender unlawfully possessing firearm upheld due to seriousness and deterrent need.
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Sentence — Unlawful possession of firearm and ammunition — Custodial sentence for first offender — Legislative history and need for deterrence — Siyauya v The People applied
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18 August 1980 |
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Child evidence requires corroboration; courts must acquit where prosecution evidence is insufficient at close of case.
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Evidence — Child witnesses — Corroboration required; Criminal procedure — No case to answer — Mandatory acquittal at close of prosecution; Subsequent evidence cannot cure deficient prosecution case
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18 August 1980 |
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Distress may corroborate a rape complaint, but courts must warn it could be simulated.
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Evidence — Corroboration: distress at time of complaint may amount to corroboration but trial must warn that distress may be simulated; rape — necessity of corroboration of injuries
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18 August 1980 |
| July 1980 |
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Previous convictions trigger a statutory minimum but cannot alone justify a heavier sentence absent reasons.
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Sentence law — statutory minimum for repeat offence — previous convictions trigger minimum but should not by themselves justify exceeding it — bad record not a substitute for offence seriousness — requirement for reasons when exceeding minimum
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15 July 1980 |
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Failure to perform every scientific test does not defeat conviction if non‑technical evidence sufficiently proves identity.
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Criminal law — evidence — failure to perform technical tests on allegedly tampered chassis number — dereliction of duty and rebuttable presumption; non‑expert witness with practical experience admissible on vehicle make; cumulative identification by multiple features
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14 July 1980 |
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An inadequately reasoned trial-within-a-trial ruling required exclusion of confessions; remaining evidence was insufficient, so convictions quashed.
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Evidence — trial within a trial — adequacy of reasons for ruling on voluntariness — confessions — exclusion where ruling is too brief to permit appellate review — recent possession and identification — duty to test for fingerprints
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14 July 1980 |
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Possession of stolen goods months later does not prove storebreaking; s.188 permits conviction substitution to receiving stolen property.
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Criminal law — Storebreaking (breaking and entering and stealing) — Recent possession of stolen property insufficient to infer guilt of prior break-ins; must consider accused's explanation — Section 188 Criminal Procedure Code allows substitution of conviction for receiving stolen property (s.318 Penal Code) where stealing is part of composite charge (s.303) and specified in particulars — Sentence reduced on substituted convictions
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14 July 1980 |
| June 1980 |
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Whether incorporated contract provisions required the main contractor to bear housing and facility rental costs for the subcontractor.
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Contract construction — incorporated tender documents — meaning of "provide" and "bear" — avoid treating words as surplusage — intent to shift liability for housing/facility rental shown by contract price adjustments
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18 June 1980 |
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Charges under section 319 must be precisely drafted using the Criminal Procedure Code form to ensure accused persons understand the case against them.
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Criminal law and procedure — Drafting of charges — Necessity of clear, precise wording — Section 319 Penal Code — Use of first schedule format and recommended wording: "Failing to account for possession of property suspected to have been stolen or unlawfully obtained."
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8 June 1980 |
| May 1980 |
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Conviction under s.318(2) is incompetent where evidence shows felonious theft and no proven link to retaining.
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Criminal law — Receiving/retaining stolen property — Section 318(1) (felony) v s.318(2) (misdemeanour) — Mens rea: 'knowing or having reason to believe' — Competence of substituting conviction — Benefit of doubt where witness evidence conflicts
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13 May 1980 |
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Conviction under s.318(2) inappropriate where evidence establishes a felony; accused entitled to benefit of doubt on conflicting evidence.
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Criminal law — Receiving/retaining property — Distinction between s. 318(1) (felonious acquisition) and s. 318(2) (misdemeanour acquisition); knowledge or reason to believe crime committed; conviction under incorrect subsection incompetent where facts disclose felony; benefit of doubt where witness evidence conflicts
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13 May 1980 |
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Where complainants did not intend to part with ownership, a charge of obtaining by false pretences is properly substituted with theft under s.188(2).
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Criminal law — Theft v obtaining by false pretences — Section 188(2) Criminal Procedure Code permits substitution of theft conviction when evidence proves stealing — Charge of false pretences inappropriate where owner did not intend to part with ownership
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5 May 1980 |
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Conviction based solely on a child’s defective voire dire and uncorroborated evidence was set aside.
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Evidence — child of tender years — voire dire procedure under section 122 Juveniles Act — need to establish understanding of oath and truth‑telling duty — corroboration and potential interest of child witness — defective record and misdirection leading to setting aside conviction
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5 May 1980 |
| April 1980 |
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Appellate court may reassess handwriting inferences; insufficient and prejudicial evidence required quashing of conviction.
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Evidence — Handwriting comparison — Appellate review of pure inferences from undisputed documents; Accomplice evidence — requirement for reliable corroboration; Trial fairness — refusal of adjournment to examine produced documents may prejudice defence
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21 April 1980 |
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Plea to manslaughter was improper given premeditated murder; five-year sentence upheld despite claimed hardship.
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Criminal law — Plea to lesser offence — Impropriety where facts disclose major offence (murder); Provocation — premeditation negates sudden passion defence; Sentence — mitigation of hardship and ill health insufficient; Appeal dismissed
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7 April 1980 |
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Failure to lift fingerprints is not dereliction where possession is clear; convictions upheld but sentences reduced as excessive.
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Criminal law — Identification and recent possession — Failure to lift fingerprints — When omission is not dereliction of duty; Evidence — Parade identification; Sentencing — First offenders, previous record and excessive sentence, reduction to appropriate term
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7 April 1980 |
| March 1980 |
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Admission error as to confessions was harmless; powerful circumstantial evidence sustained the murder conviction.
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Criminal law — Circumstantial evidence — Sufficiency of circumstantial proof to sustain murder conviction; admissibility of confessions — trial discretion and exclusion for unfair treatment; absence of specific medical cause not fatal where facts show unnatural death; rejection of third-party hypothesis
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24 March 1980 |
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Sworn testimony of a child under 16 is suspect and requires corroboration; conviction based solely on such evidence was quashed.
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Evidence — Child witnesses — Sworn testimony of a child (under 16) is inherently suspect and requires corroboration or "something more" before supporting a conviction; voir dire; identification; misdirection; conviction quashed
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17 March 1980 |
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Forfeiture orders require an owner’s opportunity to be heard; bona fide purchasers for true value may acquire title to smuggled goods.
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Criminal procedure — Review under s.338 — power to receive additional evidence and join interested third party; Customs forfeiture — s.169(2) right to be heard; Smuggled goods — bona fide purchaser for true value may acquire title; Remittal for inquiry into bona fides and value
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17 March 1980 |
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Conviction for manslaughter set aside where accidental firing of a believed-unloaded pistol showed no hostility or recklessness.
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Criminal law — Manslaughter — Unlawful act must amount to at least a technical assault — Hostile intent and recklessness required — R v Lamb applied — Plea of guilty improperly accepted where no offence disclosed
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10 March 1980 |
| February 1980 |
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Court upheld conviction: single credible police witness can suffice; discovery from unwarned or involuntary statements admissible.
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Evidence — Single witness sufficiency where multiple witnesses exist; admissibility of evidence discovered after involuntary or unwarned statements; police duties re fingerprints and crime‑scene photographs
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4 February 1980 |
| January 1980 |
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An honest but unreasonable belief that an intruder was armed does not justify lethal force; excessive force warranted manslaughter conviction.
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Criminal law — Use of force in defence of person or property — Reasonableness of mistaken belief — Distinction between sudden assault and distant disturbance — Excessive force constituting manslaughter — Sentence mitigation
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23 January 1980 |
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Private consultations between magistrate and prosecution in accused’s absence undermined fairness, so convictions were quashed.
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Criminal procedure — trial fairness — impropriety of magistrate privately consulting with State Advocate and prosecution witness in accused’s absence — appearance of justice — convictions quashed; retrial declined due to time served and unavailable witnesses
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22 January 1980 |
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A sentencing court must not speculate about uncharged more serious offences and must sentence only for the offence of conviction.
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Criminal procedure — Sentencing — Impropriety of speculating that convicted person committed a more serious uncharged offence; sentencing must be confined to the offence of conviction — Plea of guilty — Weight in mitigation — Receiving stolen property involving motor vehicle — Seriousness and sentencing precedents
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21 January 1980 |