Results.
8 judgments found.
|
|
|
| July 1982 |
|
|
Conviction for rape upheld where reliable identification and absence of motive to falsely implicate outweighed the trial court's corroboration misdirection.
-
Evidence — Corroboration required for both commission and identity in sexual offences; identification evidence; proviso/special and compelling grounds where no motive to falsely implicate; sentencing — gravity of rape.
|
27 July 1982 |
|
Court upheld rape conviction despite misdirection on corroboration of identity and affirmed a five-year custodial sentence.
-
Evidence — Corroboration in rape cases — Corroboration required for both commission and identity — Misdirection where court fails to warn on identity — Proviso applies if corroboration or 'something more' excludes risk of false implication — Absence of motive to falsely accuse as 'something more' — Sentence enhancement for brutality
|
26 July 1982 |
|
Where employment is a pure master-and-servant contract, wrongful termination entitles the respondent to damages, not reinstatement.
-
Employment law — master-and-servant contract — wrongful summary termination — natural justice and statutory procedural safeguards — damages in lieu of notice vs nullity/reinstatement
|
21 July 1982 |
|
An appellate court may only alter sentences for good cause; corporal punishment should be imposed very sparingly.
-
Sentence — appellate interference: permissible only for good cause (error in law, fact or principle; manifestly excessive/inadequate; exceptional circumstances). Corporal punishment — inhuman/degrading, to be imposed very sparingly and only for grave brutality or serious outbreak of crime; prevalence of crime insufficient; uncalled for when a long custodial sentence is passed. Credit for guilty plea — must be given and failure to do so renders sentence wrong in principle
|
16 July 1982 |
|
Appellate interference requires good cause; corporal punishment sparingly used and set aside with substantial imprisonment.
-
Sentence appellate review — interference only for good cause; corporal punishment (caning) — to be used very sparingly, only for grave brutality or serious outbreak of crime; guilty-plea credit affects sentence
|
15 July 1982 |
|
An appellate court may not impose a sentence exceeding the trial court's statutory sentencing power; excessive sentences are invalid.
-
Criminal law — Appeal — Appellate court’s sentencing power limited by the trial court’s statutory maximum; enhancement beyond trial court’s power is ultra vires and invalid; original lawful sentence reinstated.
|
13 July 1982 |
|
Conviction based on glossed-over evidence and isolated credibility findings was quashed for prejudice and misassessment.
-
Criminal law — Exchange Control Act s.6 — Producing false documents — Evidence — Refusal to produce material documents — Glossing over conflicting testimony — Credibility assessment must consider all conflicting witnesses; appellate quashing where conviction rests on finding contrary to overwhelming evidence
|
12 July 1982 |
|
An appellate court cannot increase a sentence beyond the trial court's statutory sentencing power.
-
Criminal law — Appeal against sentence — Appellate court has no power to impose a sentence exceeding the trial court's statutory maximum (s.7(iv) Penal Code) — Enhancement ultra vires and invalid
|
12 July 1982 |