Results.
71 judgments found.
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| December 1988 |
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21 December 1988 |
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Appeal allowed; costs award and threatened committal reversed where absence was caused by court's own notice.
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Civil procedure — adjournment costs — absence of counsel due to court marshall's circular — contempt — threat of committal unjustified absent evidence of discourtesy — appellate discretion on costs.
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7 December 1988 |
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Court reduced pain-and-suffering award, ruling devaluation must be considered but not via simple multiplication.
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Damages — Devaluation of the kwacha — Effect on awards; Pain and suffering — Appropriate weekly rate; Appellate interference — inordinately high awards
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6 December 1988 |
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Pinioning a victim's arms to prevent resistance constitutes 'violence' under aggravated robbery provisions; appeal dismissed.
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Criminal law — Aggravated robbery — Meaning of 'violence' under s.294(1) Penal Code — Restraint/pinioning of arms suffices; beating not required — Identification in broad daylight.
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6 December 1988 |
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Appellate court upheld theft convictions where driver/recipient testimony and documentary irregularities corroborated each other.
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Criminal law — Theft by public servant — Corroboration of accomplice and witness evidence by documents (missing invoices, audit) — Credibility findings — Appellate review of factual findings.
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6 December 1988 |
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Breach of Exchange Control Regulations did not constitute mala fides to bar setting aside a default judgment.
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Civil procedure — Setting aside default judgment — Mala fides as bar to relief — Mala fides refers to conduct in the prosecution/defence of litigation, not unrelated breaches (eg Exchange Control Regulations) — Existence of bona fide defence and short delay justify setting aside default judgment
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5 December 1988 |
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An apex body's suspension of an affiliated union's officers is ultra vires absent express or necessarily implied disciplinary powers.
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Trade union law — Disciplinary powers — Power to suspend or expel must be expressly provided or necessarily implied in rules — Statutory affiliation does not itself confer disciplinary authority on apex body — Ultra vires measures null and void
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5 December 1988 |
| November 1988 |
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An appellate court may order concurrency to reduce an excessive aggregate sentence for offences forming one course of conduct.
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Sentencing — cumulative consecutive terms — offences forming part of one course of conduct — appellate power to order concurrency to avoid an excessive aggregate sentence.
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22 November 1988 |
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Appeal against robbery convictions dismissed: identification parade evidence and recovered stolen property sufficiently proved the appellants' guilt.
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Criminal law — Robbery — Identification evidence and identification parade — Recovery of stolen property as corroboration — Appeal against conviction — Sufficiency and evaluation of evidence.
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10 November 1988 |
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Appellate court upheld a ten-year hard labour sentence for manslaughter, finding deterrence and weapon use justified the sentence.
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Criminal law — Manslaughter (provocation) — Sentence — Use of lethal weapon — Deterrence and exemplary punishment — Appeal against sentence — 10 years' imprisonment with hard labour upheld.
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8 November 1988 |
| October 1988 |
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Identification alone at a night-time parade is unsafe; possession of recently stolen property can corroborate identification and sustain conviction.
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Criminal law — aggravated robbery — admissibility of cautioned statements — adequacy of trial-within-a-trial ruling; Identification evidence — reliability of parade identification and requirement for corroboration; Possession of recently stolen property as corroboration of identification.
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25 October 1988 |
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Appeal allowed: murder conviction and death sentence substituted with manslaughter and three years’ imprisonment.
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Criminal law — murder v manslaughter — parental corporal punishment resulting in death — necessity of proving intent to kill or cause grievous bodily harm — substitution of verdict and sentence on appeal.
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17 October 1988 |
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Contempt in view of the court must be dealt with summarily the same day or referred to the DPP.
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Criminal procedure — Contempt of court — Penal Code s.116(2): contempt committed in view of the court must be dealt with summarily the same day; otherwise report to Director of Public Prosecutions — Judge’s committal powers (Order 52) and limited circumstances to act of own motion (Balogh)
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11 October 1988 |
| September 1988 |
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Extension of time for probate registration; assessment and reduction of damages for pain and suffering post-kwacha devaluation.
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Lands and Deeds Registry Act s5(3), s6 — extension of time for registration of probate; first proviso confers jurisdiction to extend time; second proviso limits voidness to land. Civil damages — personal injury; quantum for pain and suffering; effect of currency devaluation on assessment of general damages; reduction of excessive award
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29 September 1988 |
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Whether factor "C" in the statutory pension formula is computed as the actual excess of emoluments over K1,300, subject to a ceiling.
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Pensions/statutory compensation — interpretation of statutory formula — meaning of factor "C" in section 53(3) — factor "C" is actual annual excess of emoluments over K1,300, subject to K3,040 ceiling.
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29 September 1988 |
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A State Advocate's alleged opposition to detention does not constitute fresh evidence for habeas corpus; appeal dismissed.
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Habeas corpus — fresh evidence — allegation that State Advocate opposed continued detention — whether sufficient to reopen decided petition; State Advocate not detaining authority; remedy is representation to detaining authority.
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21 September 1988 |
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A no-case finding on the principal charge does not preclude conviction for a lesser offence if the evidence supports it.
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Criminal law — no-case-to-answer (s291(2)) — conviction on lesser offence (s181(2)) — timing of operation of s181(2) — permissibility of convicting on lesser offence without calling accused to answer — contusions insufficient for grievous harm.
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13 September 1988 |
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Appeal allowed where sole eyewitness’s informed identification and alleged admission were unreliable, making the conviction unsafe.
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Criminal law — aggravated robbery — identification evidence — witness reliability — trial judge misdirection — alleged admission to complainant — unsafe conviction.
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13 September 1988 |
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Where rent is payable in advance, unpaid rent is immediately in arrears; a deposit is not prepayment and eviction was lawful.
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Landlord and tenant — Rent payable in advance — Meaning of "in arrears" under s.32A of Rent (Amendment) Act — Deposit not a pre‑payment of rent — Right of distress and replevin — Statutory eviction powers
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5 September 1988 |
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An apex trade union body cannot suspend an affiliate’s executive unless its rules expressly or necessarily imply such disciplinary power.
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Trade union law — Powers of apex body over affiliates — Disciplinary powers (suspension/expulsion) must be expressly provided in constitution or necessarily implied — Mandatory affiliation does not alone confer such powers — Broad object clauses insufficient to create disciplinary authority
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5 September 1988 |
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State contractors’ failure to consult under statutory procedure rendered entry trespass; punitive damages set aside, additional compensatory damages awarded.
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Property law — Trespass to land arising from state contractors taking gravel — Roads and Road Traffic Act s40 consultation requirement — Measure of damages for land damage (diminution in value vs cost of restoration) — Punitive damages must be specially pleaded; not available for bona fide public works improperly carried out.
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3 September 1988 |
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Uncorroborated but unchallenged oral evidence may establish value of lost goods; inconvenience damages not generally recoverable in detinue.
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Detinue — wrongful detention of goods — assessment of damages — reliance on uncorroborated oral evidence for value where no other evidence available; special damages — desirability of documentary/independent proof for expenses but unchallenged lay evidence may be accepted; damages for inconvenience — not generally recoverable in detinue unless the tort itself directly causes the inconvenience.
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1 September 1988 |
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Consent judgments are confined to pleaded claims; affidavits for assessment cannot introduce new unpleaded heads of damages.
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Civil procedure — Consent judgment — Scope limited to pleaded claim — Assessment of damages — Supporting affidavit cannot introduce new heads of claim — Registrar erred in awarding unpleaded damages; agreed items at assessment may be allowed.
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1 September 1988 |
| August 1988 |
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Restricted publication and a late apology reduce defamation damages; 'contumelious' endorsement can plead exemplary damages.
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Defamation — restricted publication and late apology as mitigating factors for quantum; exemplary damages sufficiently pleaded by 'contumelious' endorsement; servant personally liable where plaintiff sued servant alone; appellate reduction of excessive award
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29 August 1988 |
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Accused must be charged with armed robbery for death sentence; poor ID needs corroboration; unlifted fingerprints raise rebuttable presumption.
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Criminal law — Disclosure of particulars: accused must be notified when charged with armed robbery; Identification evidence — in-court identification requires corroboration (e.g., recent possession); Fingerprints — failure to lift raises rebuttable presumption they are not the accused's; Sentencing — death sentence inappropriate where armed robbery not charged
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24 August 1988 |
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An injunction was inappropriate because the dispute was monetary and damages would adequately compensate the plaintiff.
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Civil procedure — Interim injunction — Appropriateness where dispute is monetary — Balance of convenience only relevant if harm is irreparable and damages inadequate
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24 August 1988 |
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Conviction for obtaining money by false pretences upheld where evidence established deliberate misrepresentation despite weaknesses on related counts.
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Criminal law — Obtaining money by false pretences — sufficiency of evidence — relevance of financial regulations on proof of identity — effect of acquittals on related counts on distinct conviction.
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23 August 1988 |
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Identification must be corroborated; possession of stolen goods can support conviction for receiving stolen property if armed-robbery identification fails.
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Criminal law — armed robbery — identification at parade — corroboration by possession of recently stolen property — substitution of conviction for receiving stolen property — admissibility/weight of exhibits identified but not formally produced — sufficiency of firearm evidence for capital charge.
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23 August 1988 |
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Parties may validly contract to sell land conditionally upon obtaining Presidential consent under section 13(1).
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Land law — Presidential consent — Validity of contracts for sale of land conditional on obtaining Presidential consent (Land (Conversion of Titles) Act, s.13(1)) — Summary judgment — Dismissal as frivolous and vexatious
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17 August 1988 |
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Failure to report contacts with alleged plotters, coupled with association, can justify preventive detention under public security law.
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Constitutional law — Habeas corpus — Preventive detention under Preservation of Public Security Act — Failure to report contacts with alleged plotters — Relevance of criminal-law defences — Article 26 and judicial inquiry into reasonableness of detention
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11 August 1988 |
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Compensatory damages for assault and false imprisonment may include an exemplary element; interest adjusted for inflationary effects.
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Damages — False imprisonment and assault — Compensatory award to include an exemplary element where conduct aggravated; quantum increased for inadequacy; inflation/devaluation to be considered in setting interest
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10 August 1988 |
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Employer's winding-up does not automatically curtail a deceased employee's future earning capacity for damages assessment.
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Damages — Fatal Accidents — employer winding-up does not automatically negate future earning capacity; assessment by realistic multipliers; date of award governs kwacha valuation; interest on damages
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10 August 1988 |
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Conviction for aggravated robbery upheld; original 45-year sentence reduced to 25 years as excessive.
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Criminal law — Aggravated robbery — identification evidence and corroboration — possession of proceeds — appellate review of sentence — excessive custodial term substituted.
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9 August 1988 |
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Aggravated robbery convictions quashed for lack of evidence and substituted with receiving stolen property convictions, each attracting five years' imprisonment.
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Criminal law — Aggravated robbery — insufficiency of evidence to prove violence/threat — Convictions quashed — Substitution with offences of receiving stolen property (s.118 Penal Code) — Sentencing to concurrent five years' imprisonment with hard labour.
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9 August 1988 |
| July 1988 |
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Court reduced a seven-year manslaughter sentence to 18 months, prioritising guilty plea and first-offender mitigation.
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Criminal law — Sentencing — Manslaughter involving a mentally ill victim — Mitigation: guilty plea and first-offender status — Deterrence against assaults on mentally ill persons — Reduction of sentence.
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26 July 1988 |
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President's proscription under s53 valid; Gazette publication mandatory, local newspaper publication directory; appeal dismissed.
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Penal Code s53(1) — proscription of publications — statutory interpretation of 'and' — mandatory Gazette publication vs directory local newspaper publication — public interest definition (s62) — Standing Orders and petition procedure — judicial review of presidential discretion: bad faith/improper motive/unreasonable view.
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23 July 1988 |
| June 1988 |
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Convictions for aggravated robbery upheld despite suspect witnesses; the first appellant's consecutive 30-year sentence reduced to concurrent 18-year terms.
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Criminal law — aggravated robbery — suspect witnesses and corroboration — value of independent positions of witnesses — identification evidence — "something more" (coincidence/furtive discovery) — admissions to police — sentencing: excessive cumulative/consecutive sentences set aside; mandatory minimum sentence not attackable on appeal.
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14 June 1988 |
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Time stipulated as essential is not waived by an extension; a defaulting purchaser cannot obtain specific performance.
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Contract law — Sale of land — Time of the essence — Special condition fixing completion within 30 days of State consent — Extension of time substitutes rather than waives requirement — Defaulting purchaser not entitled to specific performance.
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13 June 1988 |
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Detention under public security regulations upheld; served grounds sufficient and no extra damages for non‑discriminatory poor conditions.
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Preservation of Public Security — detention for sheltering alleged escapee — sufficiency and intelligibility of grounds of detention — limits on going behind served grounds — vagueness standard — damages for detention conditions require deliberate/discriminatory breach or alternative remedy absent
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12 June 1988 |
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Detention under public security regulations was reasonable, grounds adequate, and the appeal dismissed.
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Preservation of Public Security — detention under regulations — Article 26 reasonableness inquiry — sufficiency and clarity of grounds (Article 27) — impossibility test for unlawful detention (Chisata principle)
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12 June 1988 |
| May 1988 |
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Court set aside consent judgment to allow amendment of writ where an obvious mistake demanded correction, with costs and timetable directions.
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Civil procedure — Amendment of specially endorsed writ after consent judgment — Setting aside consent judgment and assessment for obvious mistake — Finality of litigation versus interests of justice — Costs and timetable for re-opened proceedings.
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31 May 1988 |
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Identification and recovery evidence upheld convictions; court could not reduce the mandatory minimum sentence imposed on the appellants.
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Criminal law — Aggravated robbery — Identification evidence — Recovery of stolen property — Corroboration — Sufficiency of violence — Mandatory minimum sentence — Appeal dismissed.
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9 May 1988 |
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Appellate court set aside sentence where sentencing courts misapprehended facts and drew unsupported inferences.
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Criminal law — Possession of firearm and ammunition without licence — Sentencing — Misapprehension of facts by sentencing court — No evidence of intent to poach or inability to handle weapon — Sentence set aside.
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9 May 1988 |
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Tearing up a trust deed does not transfer beneficial ownership; nominees cannot mount a just-and-equitable winding-up against the beneficiary.
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Company law — Beneficial ownership v registered ownership — Whether destruction of trust deed effects transfer — Appropriateness of deciding beneficial ownership in winding-up petitions — Presumption of undue influence where fiduciaries receive unexplained gifts
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8 May 1988 |
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Alleged omissions in the trial record failed to overturn conviction based on credible identification; mandatory sentence unappealable.
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Criminal law — Aggravated robbery — Identification and credibility of witnesses — Appeal on ground of alleged omission from trial record — Presumption that court acts are done regularly — Mandatory minimum sentence unappealable.
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5 May 1988 |
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Court upheld aggravated robbery conviction based on recognition identification, recent possession, and corroborative arrest evidence.
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Criminal law — Aggravated robbery — Identification evidence and opportunity to observe — Fairness of identification parade — Recent possession and corroboration — Non-production of alleged exhibit — Trial judge’s alleged misdirection.
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3 May 1988 |
| April 1988 |
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Complete breakdown of trust and effective exclusion from management justified winding up; arbitration was futile.
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Company law — quasi‑partnership/joint venture — deadlock and loss of mutual trust — just and equitable winding‑up; arbitration clause not decisive where arbitration would be futile; remedies and clean hands considered
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20 April 1988 |
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Presence in a joint store-breaking does not prove common intent to murder; uncontradicted mitigating confession matters must be considered.
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Criminal law — Murder — Joint enterprise/common purpose — Presence in a group not automatically proof of intent to kill; Confession admissibility — trial-within-a-trial; Mitigating assertions in confession to be weighed if uncontradicted; Substitution of conviction for lesser offence (store breaking).
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19 April 1988 |
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Appeal dismissed: mere dissatisfaction is not a ground and eyewitness identification upheld the aggravated robbery conviction.
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Criminal law — Aggravated robbery; eyewitness identification; adequacy of grounds of appeal — mere dissatisfaction inadequate; trial judge's directions; statutory minimum sentence.
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19 April 1988 |
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Second appellant’s conviction unsafe and quashed; first appellant’s conviction upheld but sentence reduced to mandatory minimum.
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Criminal law — Aggravated robbery — Identification and reliability of witnesses — Possession and recovery of stolen property as corroboration — Sentencing — Mandatory minimum term — Improper reliance on prevalence of offences to increase sentence — Gang participation as aggravating factor.
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19 April 1988 |