Results.
7 judgments found.
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| August 1989 |
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Detention under Regulation 33(1) is unlawful if grounds are unsupported or are introduced after the detention order was made.
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Constitutional law — detention without trial — Preservation of Public Security Regulations (Reg. 33(1)) — Habeas corpus — Grounds for detention must exist and be supported by material at time of detention — No addition of fresh grounds post-detainment
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31 August 1989 |
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Whether a seller of recovered goods was an innocent receiver or exercised control sufficient for criminal liability; appeal dismissed for the second appellant.
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Criminal law — Aggravated robbery — Recovery and identification of stolen property — Seller's control and dominion over goods — Innocent receiver defence — Appellate review of alleged trial misdirection.
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8 August 1989 |
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Appellants’ convictions for aggravated robbery upheld where ample opportunity to observe and corroboration made identification reliable.
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Criminal law — aggravated robbery — identification evidence — opportunity to observe and corroboration — weight of inconsistent witness evidence — identification parade not always essential — alibi displaced by strong corroborated identification.
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8 August 1989 |
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No evidence that the firearm met the statutory definition; ordinary aggravated robbery conviction upheld.
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Criminal law — sufficiency of evidence — whether the firearm alleged met the statutory definition — appeal where firearm element unsupported but ordinary aggravated robbery sustained.
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8 August 1989 |
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Appellant’s careless driving conviction upheld; other driver’s contributory negligence not a defence in criminal traffic charge.
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Roads and Road Traffic Act — careless driving — whether conduct amounted to offence; Traffic law — contributory negligence by other driver — not a defence in criminal charge; Evidence — causation and adequacy of steps taken to warn/identify oneself; Police procedure — pursuit of offending vehicle and expectations of compliance.
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8 August 1989 |
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Appeal allowed: cumulative consecutive sentences for offences forming a single course of conduct were excessive and replaced by concurrent terms.
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Criminal law — Sentencing — Multiple offences forming a course of conduct — Overall assessment of punishment versus cumulative consecutive sentences; aggravating factor: impersonation in police/security uniform; excessive cumulative sentence set aside.
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8 August 1989 |
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Originating summons was inappropriate to determine disputed contractual and factual issues; matter must proceed to full trial.
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Civil procedure — Originating summons inappropriate where disputes of fact and contractual breach require oral evidence; contract — repossession of equipment and entitlement to equitable relief; retrial ordered with pleadings and evidence.
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3 August 1989 |