Results.
7 judgments found.
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| October 1993 |
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Appellate court can reassess general damages where trial judge erred; modest future earning-loss awards possible without prior employment evidence.
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Damages assessment — appellate reassessment where trial judge applied wrong principle; awards for future loss of earning capacity without prior employment evidence; calculation of general damages for ongoing pain and future operations; interest on general damages runs from writ issue; interest on damages must be simple
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21 October 1993 |
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Single-witness identification by a well-known complainant can be safe despite non-production of the weapon; sentence reduced on appeal.
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Criminal law — single-witness identification where witness and accused are well known — non-production of weapon — admissibility of similar-conduct evidence to show motive — sentencing review and substitution.
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19 October 1993 |
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Appellate increase of sentence was excessive after ignoring mitigating factors; original five-year term restored.
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Criminal law — Stock theft — Sentence on appeal — Appellate court must balance aggravating and mitigating factors; first-offender status, guilty plea and recovery of property are significant mitigatory considerations — unjustified increase set aside.
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5 October 1993 |
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Murder conviction quashed where trial judge misdirected on key exhibit and conviction deemed unsafe.
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Criminal law — Murder — Circumstantial evidence and possession of blood-stained items — Misdirection regarding material exhibit (national registration card) — Unsafe conviction — Appeal allowed; conviction quashed; sentence set aside; acquittal entered.
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5 October 1993 |
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Appeal against sentence dismissed where the trial judge imposed the statutory minimum ten-year term for the offence.
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Criminal law — aggravated assault with intent to steal — statutory minimum sentence — appeal against sentence — mitigating factors — first offender status.
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5 October 1993 |
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An appellate increase of sentence was excessive where appellants were first offenders, pleaded guilty and the stolen property was recovered.
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Criminal law — Sentencing — Appeal against sentence — Enhancement by appellate court — Need to weigh mitigating factors (first offender status, guilty plea, recovery of property) — Excessive/ 'shocking' sentence set aside.
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5 October 1993 |
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Conviction for theft overturned where prosecution failed to prove the requisite intention to steal.
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Criminal law — Theft by public servant — Requirement of mens rea (animus furandi) — Actus reus alone insufficient — Conviction unsafe where prosecution fails to rebut consistent innocent explanation.
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3 October 1993 |