Results.
6 judgments found.
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| 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 |