Results.
20 judgments found.
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| December 1981 |
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A Government White Paper does not retroactively revoke an Establishment Circular; retrospective promotions are governed by the circular in force on the promotion date.
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Administrative law; Civil service salary scales; Government White Paper as statement of intent not a revoking instrument; effect of retrospective promotion; conversion to new salary scales under Establishment Circulars
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16 December 1981 |
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An applicant alleging mala fides must prove it; mandamus refused where a statutory appeal exists.
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Administrative law — Allegation of mala fides — Onus to prove mala fides lies on alleging party; Mandamus — discretionary remedy — refused where statutory appeal (s.16 Societies Act) available — reference to The People v Luanshya Municipal Council (ex parte Chendaeka)
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16 December 1981 |
| November 1981 |
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False alibi not conclusive of guilt; spouse of a jointly indicted defendant is incompetent to testify against co-defendants; conviction quashed.
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Evidence — Alibi: a false alibi is not necessarily conclusive of guilt; Evidence — Competency: spouse of one jointly indicted defendant is not competent witness against a co-defendant; Accomplice evidence and corroboration; Trial procedure — putting co-accused on defence
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17 November 1981 |
| October 1981 |
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Insufficient chain of custody for fingerprint evidence transmitted by registered mail; conviction quashed.
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Evidence — Fingerprint identification — Chain of custody essential — Where registered mail used, registered number/date and identifying marks must be specified to link posted and received exhibits
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19 October 1981 |
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Fairness in identification parades is essential; firearms parades are not mandatory; recent unexplained possession can support conviction.
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Criminal procedure — Identification parades — fairness crucial; visible injuries give clues; suspects of comparable height and general dress suffice — Firearms parades not mandated — Alibi: prosecution’s onus to disprove — Unexplained recent possession and odd coincidences may support conviction
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7 October 1981 |
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Detention under public security regulations falls under Article 27; grounds must allow meaningful representation and alibi must cover the whole period.
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Constitutional law — detention under Preservation of Public Security Regulations — detention as constitutional derogation governed by Art.27(1) not Art.15(3)(b) — sufficiency of grounds and vagueness — alibi must cover entire period alleged
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7 October 1981 |
| September 1981 |
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Registrar and deputy/district registrars cannot make arrest orders under the Debtors Act; liberty matters reserved to judges in open court.
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Civil procedure — Jurisdiction of Registrar — Construction of "the Court" and "a Judge" under High Court Rules (O.25 rr.1-2) — Registrar, Deputy Registrar and District Registrar possess powers of a judge in chambers (O.3 r.3) but are expressly excluded from matters relating to the liberty of the subject — Debtors Act s.10 orders for arrest and imprisonment out of Registrar's jurisdiction
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14 September 1981 |
| August 1981 |
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Statements in a psychiatrist’s report are admissible only on mental state, not as evidence of guilt; conviction quashed.
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Criminal evidence — admissibility of psychiatrist’s report — statements by the accused contained in medical reports inadmissible as evidence of guilt — psychiatric reports relevant only to mental condition — misdirection requiring reversal
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10 August 1981 |
| July 1981 |
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Appellate court cannot order firearm forfeiture; prosecutorial request required under National Parks and Wildlife Act.
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Forfeiture — Firearms Act s.54 (magistrate's discretion) — National Parks and Wildlife Act ss.77,138,145 (forfeiture only on Public Prosecutor's request) — appellate courts cannot make forfeiture orders — return of firearm and ammunition
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27 July 1981 |
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If evidence supports a more serious offence, the accused must be tried for it; appeals dismissed.
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Criminal law and procedure — Elevation of charge where evidence warrants — Manslaughter versus murder — Accused's opportunity to dispute facts — Sentence review
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27 July 1981 |
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Recent possession and voluntary statements upheld convictions despite failure to warn a witness in possession; receivers' sentences reduced.
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Criminal law — Recent possession doctrine; accomplice evidence — person in possession prima facie accomplice requiring warning and corroboration; voluntariness of confessions; statutory minimum sentence non-appealable; sentencing discretion for first offenders
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22 July 1981 |
| June 1981 |
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Possession of a recently stolen vehicle may warrant conviction for receiving stolen property where theft is not the only reasonable inference.
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Criminal law — Possession of recently stolen property — Inference of theft versus alternative explanations — Receiving stolen property — Admission of confessions and co-accused statements; proviso to section 15(1) Supreme Court Act
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8 June 1981 |
| May 1981 |
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Previous convictions may reduce leniency but cannot justify a manifestly excessive sentence for minor theft.
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Sentence review — Effect of previous convictions on leniency — Manifestly excessive sentence — Theft of low-value items
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4 May 1981 |
| March 1981 |
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Court may review reasonableness of preventive detention; uncontradicted alibis can defeat detention under Article 26.
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Constitutional law — preventive detention — Preservation of Public Security Regulations reg 33(1) — scope of habeas corpus — objective review of detaining authority's satisfaction — burden of proof under Article 26 — 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.
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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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Charge of murder/manslaughter must use date of death; a reasonably possible alternative cause creates reasonable doubt, so conviction overturned.
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Criminal law — Murder/manslaughter — charge should state date of death; evidence — burden of proof — a 'reasonably possible' alternative causes reasonable doubt; evidence — accused’s lies may bolster credible evidence but cannot cure discredited or conflicting evidence
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10 March 1981 |
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Court adjusted the applicant's damages, addressing unconsciousness, special damages dating, multiplier choice and interest.
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Damages — appellate interference with quantum; unconsciousness and its effect on pain and amenities; special damages calculated to date of trial; future loss assessed by combining actuarial and traditional methods; interest rates on damages
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9 March 1981 |
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Appellate court reversed misdirected factual findings, admitted negligence, and assessed damages for vehicle loss and personal injuries.
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Evidence — motor-accident material evidence and disclosure; Pleadings — evidence not pleaded and proper objection/adjournment/recall procedure; Civil procedure — when appellate court may interfere with factual findings; Damages — assessment, loss of use of written-off vehicle, personal injury quantum
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9 March 1981 |
| February 1981 |
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Immediate attempt to seize a weapon was grave provocation; applicant's belief of imminent danger could justify self-defence.
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Criminal law — Murder — Provocation and loss of self-control — Immediate seizure attempt as grave provocation — Self-defence — Reasonable belief of imminent death or serious harm — Retreat considerations — Proportionality in the heat of the moment
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17 February 1981 |
| January 1981 |
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An appellate court may enhance a sentence only if it is wrong in principle or totally inadequate; mere inclination is insufficient.
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Sentence enhancement — Appellate court may only increase sentence if original sentence is wrong in principle or totally inadequate — Enhancement not justified by mere "inclination to enhance" — Kalunga v The People applied
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5 January 1981 |