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Citation
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Judgment date
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| December 1981 |
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A Government White Paper cannot itself revoke an establishment circular; retrospective promotions are governed by the circular in force on the promotion date.
Administrative law; Civil service; Government White Paper cannot itself revoke an Establishment Circular; retrospective promotion governed by circulars in force on effective date; salary conversion under new scales.
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16 December 1981 |
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Allegation of mala fides must be proved; mandamus refused where statutory appeal to the Minister under Societies Act is available.
Civil procedure – Mandamus – Court’s discretion to refuse mandamus where statutory appeal exists; Societies Act s.16 – appeal to Minister – Mala fides – Allegation requires proof; burden of proof on alleging party.
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16 December 1981 |
| November 1981 |
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A false alibi is not conclusive; a defendant's spouse is not a competent witness against a co-defendant in a joint trial.
Evidence – Alibi: a false alibi is not necessarily conclusive of guilt; Evidence – Competency of witnesses: spouse of a jointly indicted defendant is not competent witness against co-defendant; Accomplice evidence requires proper corroboration; Criminal procedure – co-accused should be put on defence when implicated by possession of stolen property.
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17 November 1981 |
| October 1981 |
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Conviction unsafe where prosecution failed to establish chain of custody for fingerprint evidence sent by registered mail.
Evidence – Fingerprint identification – Chain of custody – Registered mail – Necessity to prove registered number, date and identifying marks of postal packet – Requirement to identify specific exhibit lifted from scene.
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19 October 1981 |
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Whether identification parade fairness, firearms identification, and disproving alibi suffice to support conviction.
Criminal law — Identification parades: fairness requirements where suspects have visible injuries or differing heights; firearms identification parades not mandatory but preferable in proper cases; prosecution's duty to disprove alibi; unexplained recent possession and odd coincidences may corroborate identification.
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7 October 1981 |
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Whether administrative detention for public security is governed by Article 27(1) (not Article 15(3)(b)) and requires comprehensive alibi evidence.
Constitutional law – administrative detention under Preservation of Public Security Regulations – applicability of Art.15(3)(b) v. Art.27(1); sufficiency of grounds for detention; alibi must cover entire period alleged
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7 October 1981 |
| September 1981 |
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A Registrar has judge-in-chambers powers but cannot order arrest under the Debtors Act; liberty matters are excluded.
Civil procedure — Jurisdiction of Registrar, Deputy Registrar and District Registrar — Construction of "the Court" and "a Judge" under High Court Rules (O.25 rr.1–2) — Registrar's powers under O.3 r.3 — Exclusion of matters relating to liberty of the subject (O.3 r.3(a)) — Debtors Act s.10 (arrest and imprisonment).
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14 September 1981 |
| August 1981 |
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A psychiatrist's report containing the accused's statement cannot be used to prove guilt; such reliance is a serious misdirection.
Evidence — Psychiatrist's report — Statement of accused recorded in psychiatric report — Report relevant only to mental condition and not admissible as evidence of guilt — Reliance on such statement by trial judge a serious misdirection — Proviso to s.15(1) Supreme Court Act not applicable where remaining evidence not overwhelming.
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10 August 1981 |
| July 1981 |
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Forfeiture orders set aside; s.145 NPW Act permits forfeiture only on trial prosecutor's request, not on appeal.
Forfeiture — Firearms and ammunition — Firearms Act s.54 (magistrate's discretion) — National Parks and Wildlife Act s.145 (forfeiture only on Public Prosecutor's request) — Forfeiture cannot be imposed on appeal — Return of property ordered.
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27 July 1981 |
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Where evidence supports a more serious offence, the accused must be tried for it; manslaughter here should have been murder.
Criminal procedure – Charging – Where evidence supports a more serious offence accused must be tried for that offence; manslaughter charges may be inappropriate where facts warrant murder.
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27 July 1981 |
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Recent possession supports conviction; courts must warn when a possessor of stolen property may be an accomplice.
Criminal law – recent possession doctrine; possession of stolen property prima facie indicates accomplice status; caution required when relying on possessor's evidence; voluntariness of statements; application of proviso to sustain convictions.
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22 July 1981 |
| June 1981 |
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Possession of recently stolen property requires consideration of theft inference and may justify conviction for receiving if theft is not proved.
Criminal law – Possession of recently stolen property – Inference of theft – Duty to consider alternative explanations – Misjoinder/misdirection and proviso – Substitution of conviction to receiving stolen property.
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8 June 1981 |
| May 1981 |
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Prior convictions may reduce leniency but cannot justify a sentence disproportionate to the offence.
Sentence - Previous convictions - Effect on leniency; Sentencing proportionality - value of property; Excessive sentence substituted on appeal.
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4 May 1981 |
| March 1981 |
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Court held emergency detention subject to objective reasonableness review; detainee must show measures were unreasonable.
Constitutional law – detention under emergency regulations – Preservation of Public Security Regulations reg.33(1) – reviewability of detaining authority’s satisfaction – objective reasonableness test – burden on detainee under Article 26 – habeas corpus and uncontradicted alibi evidence.
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25 March 1981 |
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Failure to disclose material accident evidence may warrant adjournment; appellate court can reassess credibility and award damages.
Motor-vehicle accidents — disclosure of material evidence and adjournment — unpleaded defence at trial — immediate objection, amendment or recall — appellate interference with credibility findings — assessment of damages where appeal likely — loss of use and quantum for minor personal injuries.
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11 March 1981 |
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In murder/manslaughter, the date of death must be charged; a reasonably possible alternative causation creates reasonable doubt.
Criminal procedure — murder/manslaughter: charge date should be date of death; Evidence — 'reasonably possible' alternative creates reasonable doubt; Accused's lies — may bolster credible evidence but cannot make unreliable evidence reliable.
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10 March 1981 |
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Appeal allowed; appellate standards for quantum applied, unconsciousness limits felt suffering but not loss of amenities, and future loss capitalised using corrected multiplicand and multiplier.
Damages — appellate interference with quantum; unconsciousness — effect on pain and amenities; special damages — computed to trial date; future loss — conventional vs actuarial methods; multiplier and multiplicand; interest rates on damages.
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9 March 1981 |
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Court held defendant negligent; material undisclosed evidence should prompt adjournment and damages assessed on appeal.
Evidence - material disclosure and adjournment in motor accidents; pleadings - effect of unpleaded evidence and immediate objection; appellate interference with factual findings; assessment of damages including loss of use and personal injuries.
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9 March 1981 |
| February 1981 |
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Immediate attempt to seize a weapon can be grave provocation; self‑defence may justify lethal force in the heat of the moment.
Criminal law – Murder – Provocation and self‑defence – Immediate attempt to seize weapon as grave provocation – Imminent danger and reasonable belief of assault – Heat‑of‑moment proportionality.
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17 February 1981 |
| January 1981 |
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An appellate court may enhance sentence only if it is wrong in principle or totally inadequate; mere inclination is insufficient.
Sentence — Enhancement of sentence by appellate court; appellate interference only if sentence wrong in principle or totally inadequate; mere 'inclination to enhance' insufficient; Kalunga v The People applied.
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5 January 1981 |