Results.
6 judgments found.
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| March 1991 |
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Conviction for aggravated robbery affirmed; sentence reduced to the mandatory minimum of 15 years imprisonment.
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Criminal law — aggravated robbery — sufficiency of evidence and identification; sentence — minimum/mandatory sentence; appellate review of sentence.
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15 March 1991 |
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Conviction for causing death by dangerous driving upheld; sentence reduced for excess despite child's contributory negligence.
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Criminal law — Causing death by dangerous driving — Objective test of fault — Foreseeability of pedestrians' conduct (children) — Contributory negligence relevant to sentence but not automatic exculpation — Sentence reviewed for excessiveness.
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12 March 1991 |
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Uncorroborated evidence and an improper inference from silence warranted quashing convictions and acquittal of the appellants.
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Criminal law — Aggravated robbery; corroboration of accomplice/purchaser evidence; reliability of witness; failure to call police/vigilantes; inadmissible adverse inference from accused's silence.
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6 March 1991 |
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Knowledge of stolen property’s whereabouts alone cannot sustain a conviction for aggravated robbery.
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Criminal law — Aggravated robbery — Knowledge of location of stolen property and directing police thereto — Mere knowledge/association insufficient to prove guilt beyond reasonable doubt.
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5 March 1991 |
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The applicant's on-scene apology was accepted as an admission supporting conviction for aggravated robbery.
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Criminal law — Aggravated robbery — Elements: assault with weapon and theft — Evidence — Admission/apology to complainant as evidence — Credibility findings of trial judge — Appellate review of credibility and misdirection.
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5 March 1991 |
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Challenges to identity and common intention rejected; conviction and mandatory 15-year sentence upheld.
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Criminal law — Aggravated robbery — Identification evidence and credibility — Common intention — Appeal against conviction and mandatory minimum sentence.
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5 March 1991 |