Results.
7 judgments found.
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| 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 |
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Appeal dismissed: evidence of premeditated stealth attack rejected defences of provocation and drunkenness.
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Criminal law — murder — defences of provocation and drunkenness — timing and settlement of alleged provocation; evidence of premeditation and stealth attack supports murder conviction.
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18 April 1988 |
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Mitigating admissions in a confession must be weighed in the accused's favour unless specifically disproved.
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Criminal law — confession statements — mitigating admissions in confession to be weighed in accused's favour unless specifically disproved; admissibility after pre-statement custody; common purpose and presence in establishing murder
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18 April 1988 |
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Appeal dismissed: no misdirection shown to disturb trial court's credibility findings in theft-by-public-servant conviction.
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Criminal law — theft by public servant; credibility findings — appellate interference; requirement of demonstrating misdirection or clear error by trial court.
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6 April 1988 |