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Citation
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Judgment date
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| December 1987 |
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Whether "any person" in s.250(b) includes police officers; court holds it does not and substitutes conviction for common assault.
Criminal law – section 250(b) Penal Code – meaning of "any person" – does not include police officers; interaction between disciplinary provisions and criminal liability; substitution of conviction under Supreme Court Act s.15(3) and Criminal Procedure Code s.181(i); Interpretation Act s.41(i) on multiple statutes.
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31 December 1987 |
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Consent and trial judgments set aside due to mutual mistake about steel quantity and payment; retrial ordered.
Civil procedure – consent judgment – mutual mistake as to goods supplied and paid for – consent judgment set aside; appeal; trial judgment vitiated by same mistake – retrial ordered before different judge.
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21 December 1987 |
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Burden is on the landlord to prove a bona fide s.11(1)(g) intention; alternative accommodation is irrelevant.
Landlord and Tenant (Business Premises) Act – section 11(1)(g) – burden on landlord to prove genuine intention to occupy – availability of alternative accommodation irrelevant – question of fact and credibility – rehearing ordered.
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20 December 1987 |
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Court may order rectification under s.60, binding the company in litigation between the applicant and the respondent.
Companies Act s.60 – rectification of register – court may bind company in disputes between member and alleged member; shareholder supremacy – unanimous members' decisions validate defective directors' acts; sole shareholder powers to allot shares and appoint directors; wrongful transfer of company property – cancellation and account.
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20 December 1987 |
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Tenant estoppel upheld for rent claim; third party's ownership raises triable issue requiring remittal.
Landlord and tenant — denial of landlord's title by tenant — estoppel — summary judgment (Order 13) — third-party proprietary claim — triable issue — remittal for directions.
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17 December 1987 |
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Whether post-termination rent payments and conduct created a new tenancy and justified a stay of possession pending appeal.
Landlord and tenant law – Business Premises Act – whether post-termination payment and conduct can create a new tenancy – distinction from Bobert v Kapindula – stay of execution pending appeal – mesne profits.
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17 December 1987 |
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An adventurer is liable under s22 for co-conspirators' violence if it was a probable consequence of the common design.
Criminal law — Common unlawful purpose — Section 22 Penal Code — Liability for acts of co-conspirators that are a probable consequence of common design — Aggravated robbery where property is guarded — Distinguishing Mwape v The People.
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13 December 1987 |
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Conviction quashed for one appellant lacking proof of recent possession; other appellant's conviction and mandatory 15-year sentence upheld.
Criminal law – Aggravated robbery – Doctrine of recent possession – Recent possession as evidence of guilt – Sufficiency of evidence where accused merely found in premises where stolen property recovered – Mandatory minimum sentence – Appeal against conviction and sentence.
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8 December 1987 |
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Vendor cannot rescind or repossess without proper notice or evidence of purchaser's implied repudiation.
Conveyancing and Law of Property Act s.67; notice to complete; service by registered post; sale of land; rescission; implied repudiation; onus of proof.
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8 December 1987 |
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Recent possession supported the first appellant's conviction; mere presence where stolen property was found did not support the second's conviction.
Criminal law — Aggravated robbery — Recent possession as evidence of guilt — Presence in premises where stolen goods recovered insufficient without evidence of knowledge or control — Mandatory minimum sentence.
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8 December 1987 |
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Provocation can reduce murder to manslaughter where the trial judge wrongly dismisses its connection to the accused’s conduct.
Criminal law – murder v. manslaughter – provocation as partial defence – self‑defence – appellate substitution of conviction and sentence where provocation wrongly rejected.
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8 December 1987 |
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A properly served contractual notice to complete is required before a vendor may rescind; delay plus occupation/payment does not imply repudiation.
Land law – Contract to purchase land – Notice to complete – Service requirements – Time of the essence – Implied repudiation – Substantial payment and occupation negative repudiation.
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7 December 1987 |
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Whether a landlord’s genuine intention to reconstruct, supported by planning approvals, justifies opposing renewal of a business tenancy.
Landlord and Tenant (Business Premises) Act (Cap. 440) — s5 notice — s11(1)(f) reconstruction ground for opposing renewal — genuineness of landlord’s intention — relevance of planning permission and statutory approvals — inability to carry out works while tenant in occupation.
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5 December 1987 |
| November 1987 |
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Seizure of an uncustomed, fraudulently documented vehicle upheld because the purchaser had notice and acquired no title.
Customs and Excise Act s.162 – seizure of uncustomed goods; Sale of Goods Act s.21(1) (nemo dat) and s.22 (market overt) – whether purchaser had notice; use of false customs/registration documents as constructive notice; fraudulently obtained goods – innocent purchaser doctrine; personal remedy against seller.
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30 November 1987 |
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Court grants a final 21-day extension to file appeal record and heads, refuses stay of possession, and requires security deposit or automatic dismissal.
Civil procedure – appeal – want of prosecution – final extension to file record and heads – automatic dismissal if conditions unmet; enforcement – refusal to stay possession order; security for judgment debt via jointly operated counsel account; costs against defaulting appellant.
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24 November 1987 |
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Applicants held liable for manslaughter under common purpose despite other villagers’ assaults; appeals against conviction and sentence dismissed.
Criminal law — Common criminal purpose — Joint adventurers and crimines participes — Causation where multiple assailants — Penal Code ss.207(d),(e) — Credibility findings on appeal — Manslaughter.
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19 November 1987 |
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Court upheld murder conviction, rejecting self-defence and finding witness corroboration sufficient; death sentence mandatory.
Criminal law – Murder – credibility and corroboration of witnesses – self‑defence rejected – independent corroboration by relative – mandatory death sentence.
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19 November 1987 |
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Conviction quashed where missing post‑mortem and unsafe in‑court identification rendered the murder charge unsupported.
Criminal law – murder – insufficiency of evidence where no post‑mortem produced – section 19(1) Criminal Procedure Code; identification evidence – requirement for identification parade; in‑court identification unsafe; unresolved evidential discrepancies; misdirection by trial judge.
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18 November 1987 |
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Participants in a joint assault are each liable for manslaughter if their cumulative conduct caused the victim's death.
Criminal law — Common criminal purpose — Joint adventurers and crimines participes — Cumulative assaults causing death — Attribution of fatal blow unnecessary; appellate review of credibility findings.
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18 November 1987 |
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Conviction based on an unadjudicated confession was unsustainable where voluntariness was not properly considered.
Criminal law – confession – voluntariness of statement – trial-within-a-trial – appellate review where accused alleges police brutality – circumstantial evidence and reliance on confession.
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18 November 1987 |
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Possession of recently stolen property did not prove aggravated robbery; conviction substituted for receiving stolen property.
Criminal law – aggravated robbery – sufficiency of evidence – possession of recently stolen property; inference of guilt not necessarily sole inference – receiving stolen property (s.318(1)) – substitution of conviction and sentence on appeal.
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17 November 1987 |
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The prosecution must prove a confession's voluntariness; misdirection on burden renders conviction unsafe.
Criminal evidence — confession — voluntariness — burden of proof rests on prosecution to prove voluntariness beyond reasonable doubt; misdirection on burden renders conviction unsafe.
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17 November 1987 |
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Appellants' aggravated robbery convictions upheld despite trial misdirections; appellate proviso applied owing to substantial corroborative evidence.
Criminal law — confession evidence — voluntariness — trial court misdirected by relying on contents of disputed statements; Identification evidence — conflict in witness accounts and pre-parade sighting; Appellate proviso — applied where ample corroborative evidence renders conviction safe; Convictions for aggravated robbery upheld.
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15 November 1987 |
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Presence at a robbery plus sale of stolen goods does not sustain aggravated robbery; conviction substituted to receiving stolen property.
Criminal law – Aggravated robbery – Sufficiency of evidence – Presence at offence and sale of stolen goods – Confession – Substitution of conviction to receiving stolen property (s.318(1) Penal Code) – Sentencing.
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3 November 1987 |
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Whether provocation (insults and assault) negated a murder conviction where appellant struck his father with a nearby hoe.
Criminal law – Provocation – Elements: act of provocation, actual and reasonable loss of self-control, proportionate retaliation; proportionality of retaliation where weapon at hand; appeal allowed and murder conviction/quashed and sentence reduced.
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3 November 1987 |
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Identification, recent possession and conduct sufficiently supported the aggravated robbery conviction; appeal dismissed.
Criminal law – aggravated robbery – identification evidence – recent possession of stolen property – corroboration – failure to explain possession – substitution of conviction – appellate review.
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3 November 1987 |
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Confessions improperly admitted; identification upheld; insufficient proof of firearm use—convictions reduced and 15-year sentences substituted.
Criminal law – confession statements – voluntariness – burden on prosecution to prove voluntariness; Identification – Turnbull principles – ample opportunity to observe; Evidence – proof of firearm – requirement of ballistic/forensic link to establish use of firearm; Substitution of conviction and sentence.
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3 November 1987 |
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Section 275 requires a prior conviction before a later offence can attract the enhanced mandatory minimum sentence.
Criminal law – Mandatory minimum sentence – section 275 Penal Code – Requirement of a prior conviction before commission of subsequent offence – Course of conduct versus second or subsequent offences – Untried outstanding charges not equivalent to prior conviction.
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2 November 1987 |
| October 1987 |
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Court granted bail pending appeal after weighing sentence length, appeal prospects, applicant's bail conduct and personal standing.
Criminal procedure – Bail pending appeal – factors: length of sentence, prospects/merits of appeal, conduct on bail during trial, risk of interference, sureties, surrender of passport.
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28 October 1987 |
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Credibility findings and independent physical evidence supported conviction; accidental discharge and provocation defences rightly rejected.
Criminal law — murder — evaluation of eyewitness credibility — corroboration by physical evidence (cartridge cases) — accidental discharge versus deliberate shooting — rejection of provocation defence — appellate review of trial judge's factual findings.
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20 October 1987 |
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An acquittal without a verdict is a nullity; adjournment discretion must serve the broader interests of justice.
Criminal procedure — Adjournment — Prosecutor absent — Court's discretion must serve broader interests of justice; acquittal without a verdict is a nullity.
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19 October 1987 |
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Juvenile offender’s 15-year sentence set aside; three years' probation ordered under probation officer supervision.
Criminal law – Sentencing of juvenile offenders – Welfare report and time served – Substitution of custodial sentence with probation – Probation officer's supervisory discretion.
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7 October 1987 |
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Appellate court reduced a nine-year consecutive sentence to five years concurrent, balancing guilty-plea credit against systematic large-scale theft.
Criminal law — Sentencing — Theft by servant — Consecutive versus concurrent sentences — Credit for guilty plea and first-offender status balanced against systematic, large-scale theft — Appellate substitution of sentence.
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7 October 1987 |
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Appellant’s firearm-based aggravated robbery conviction quashed for lack of expert proof of a firearm; conviction substituted for use of an offensive weapon.
Criminal law – Aggravated robbery – Identification evidence and identification parade – Admissibility and reliability of eyewitnesses – Proof of firearm – necessity for expert evidence where firearm elevates offence to capital crime – Substitution of conviction and sentence.
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6 October 1987 |
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Court upheld first appellant’s murder conviction on corroborative admission; quashed second appellant’s conviction for lack of corroborated identification.
Criminal law – murder – identification evidence – reliability and need for corroboration of a witness who had been drinking and delayed reporting – corroboration by inculpatory admissions – application of proviso to save conviction.
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6 October 1987 |
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Trial misdirection rendered a false-information conviction unsafe; a separate repeat stock-theft sentence reduced to the mandatory seven years.
Criminal law – false information to public officer – public mischief – burden of proof – inadmissible requirement for independent corroboration of defence witnesses – misdirection – unsafe conviction.
Criminal procedure – appellate review – proviso to s.15(1) Supreme Court of Zambia Act – when not to apply.
Property crime – stock theft – subsequent offence – mandatory minimum sentence – appellate reduction where no aggravating circumstances.
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6 October 1987 |
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Trial within a trial required to decide voluntariness of statement; unwitnessed warn-and-caution statement can be admissible.
Criminal law – Confession and admissions – Voluntariness – Trial within a trial required where voluntariness or forced signing is alleged; warn-and-caution statements need not be witnessed to be admissible; sufficiency of evidence for murder conviction.
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6 October 1987 |
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Appeal allowed: provocation reduced murder to manslaughter where appellant used a knife immediately after being struck.
Criminal law – Provocation – Whether taking a weapon immediately at hand constitutes cooling-off – Reduction of murder to manslaughter; self-defence excluded; sentence for manslaughter involving a knife.
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6 October 1987 |
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Manslaughter is an inherent alternative to murder; conviction and five-year sentence were properly affirmed.
Criminal law – murder and manslaughter – lesser/alternative verdicts; requirement of plea; sentencing – first offender – appropriateness and absence of shock.
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6 October 1987 |
| September 1987 |
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Qualified privilege succeeds if common interest exists and plaintiff fails to plead or prove express malice; unpleaded evidence inadmissible.
Civil procedure – pleadings and admissibility of evidence – necessity to plead all material facts; Defamation – qualified privilege – common interest – requirement to plead and prove express malice to defeat privilege.
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21 September 1987 |
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Court suspended a twelve-month theft sentence for two years due to mitigation and good character, conditional on no further dishonesty offences.
Criminal law – Theft – plea of guilty – abandonment of inconsistent grounds attacking conviction – sentence mitigation – suspension of sentence conditional on no further dishonesty offences.
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15 September 1987 |
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Award for undelivered equipment set aside; animal valuation to be reheard due to reliance on untested affidavit.
Civil procedure – assessment of damages – valuation of livestock – reliance on untested affidavit and failure to allow cross-examination – prejudice to respondent; Jurisdiction – award without counter-claim; Admissibility – execution of purported agreement (exhibit D1).
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15 September 1987 |
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Defective trial-within-trial and police officer’s theft rendered the applicants’ convictions unsafe.
Criminal law – admissibility of warned-and-cautioned statements – trial-within-a-trial – requirement to give adequate reasons – safety of convictions – evidence of police misconduct/planting of property – receiving stolen property.
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15 September 1987 |
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Conviction for burglary upheld; sentence increased on appeal was unjustified and substituted with five years' imprisonment.
Criminal law – burglary and theft – plea of guilty and admission of facts – appellate challenge to plea; Sentencing – appellate enhancement – reliance on prior convictions – improper and excessive sentence; mitigation for guilty plea and partial recovery of property.
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15 September 1987 |
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Identification corroborated by possession of stolen car, but recovered firearm not sufficiently linked to sustain firearm-enhanced conviction.
Criminal law – aggravated robbery – identity of accused corroborated by possession of stolen vehicle; recovered firearm not proved to be weapon used; failure to take fingerprints raises presumption favouring accused; requirement to prove firearm used capable of firing to sustain s.294(2) conviction; conviction substituted under s.294(1).
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15 September 1987 |
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Uncontroverted prosecution evidence upheld forgery conviction; appeals cannot reduce a statutorily prescribed mandatory sentence.
Criminal law — Forgery and uttering — sufficiency of prosecution evidence and effect of accused’s silence — photocopied certificate contradictions with school records; Criminal law — Aggravated robbery — mandatory minimum sentence — appeals against statutory sentences incompetent.
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15 September 1987 |
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Convictions based primarily on confessions admitted without adequate reasons, coupled with evidence of third-party possession, were unsafe and quashed.
Criminal law – aggravated robbery – admissibility of confessions – trial-within-a-trial – inadequate reasons – unsafe convictions; Recovery of stolen property at accused’s premises; Police officer’s possession and conviction relevant to safety of convictions.
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15 September 1987 |
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Appellate court reduced sentence from seven to four years after finding sentencing misdirection regarding irrelevant deterrence rationale.
Criminal law – manslaughter – sentencing – irrelevant considerations and misdirection by sentencing court – appellate interference and substitution of sentence.
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15 September 1987 |
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An appeal against a statute-prescribed mandatory 15-year sentence for aggravated robbery is incompetent and dismissed.
Criminal law – Aggravated robbery – Statutory mandatory minimum sentence of 15 years – Appeal against a sentence fixed by statute is incompetent – Juvenile exception noted.
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15 September 1987 |
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Appellate court quashed manslaughter conviction due to inconsistent evidence and a defective record supporting the accidental-collision defence.
Criminal law – manslaughter – sufficiency and consistency of evidence; causation of head injury (collision v. blow); appellate relief where record is defective; retrial discretionary.
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15 September 1987 |