Results.
6 judgments found.
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| May 1991 |
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Whether a post-dated cheque constituted redemption; court limited interest to date of tender and ordered reimbursement for overpayments.
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Mortgage redemption — Tender of payment — Obligation of mortgagee to disclose correct redemption figure — Interest chargeable only up to date of valid tender — Reimbursement with interest for overpayments — Inclusion of legal costs in redemption computation questioned.
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31 May 1991 |
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Inadequate voir dire rulings rendered co-accused confessions unreliable; first appellant's murder conviction reduced to manslaughter with seven-year sentence.
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Criminal law — admissibility of confessional statements — adequacy of voir dire ruling; co-accused confessions not admissible against others; provocation as partial defence reducing murder to manslaughter; substitution of verdict and sentence.
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31 May 1991 |
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Bank lawfully refused payment per applicant's instruction; "payment stopped" not libellous; freezing personal cheques breached contract.
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Banking law — stop-payment instructions — effect on post-dated cheques; Defamation — endorsement "payment stopped" not defamatory; Contract — unlawful freezing of accounts on head-office telex amounts to breach; Damages — need to plead and prove actual loss where accounts are frozen (Gibbons distinguished).
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21 May 1991 |
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Convictions based chiefly on a single identifying witness and improperly identified firearm were quashed for failure to warn and corroborate.
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Criminal law — identification evidence — single identifying witness — trial judge must warn of dangers and seek corroboration; identification of a firearm must follow prescribed procedures; leading police to suspects or weapon insufficient alone for conviction.
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7 May 1991 |
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Appellants' aggravated robbery convictions quashed for misdirection and failure to consider exculpatory evidence.
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Criminal law — aggravated robbery — use of violence — recent possession defence — misdirection by trial judge — failure to consider cross‑examination admissions and exculpatory statements — unsafe conviction.
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7 May 1991 |
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Court accepted psychiatric evidence of insanity, excluded a challenged confession, and ordered detention at the President’s pleasure.
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Criminal procedure — Confession — voluntariness; trial-within-a-trial procedure; alleged pre-police force
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Evidence — Expert medical evidence — psychiatrist may rely on clinical observations, patient history and other doctors’ notes
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Criminal law — Defence of insanity — burden and evaluation; disposal by detention at President’s pleasure
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Witness credibility — treating potentially interested witnesses with caution
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5 May 1991 |