Results.
15 judgments found.
|
|
|
| April 1993 |
|
|
Convictions upheld on circumstantial evidence and messenger confessions; juvenile's death sentence commuted to detention at pleasure.
-
Criminal law — Murder — Admissibility of confessions — voluntariness; confessions to police distinguished from confessions to messengers; circumstantial evidence sufficiency; juvenile offender — death sentence commuted to detention at pleasure.
|
22 April 1993 |
|
Appellate court upheld custodial sentence for multiple deaths by dangerous driving despite appellant being a first offender and bereaved father.
-
Criminal law — Dangerous driving causing death — Sentencing — Aggravating circumstances outweighing first-offender status — Custodial sentence upheld; bail cancelled.
|
21 April 1993 |
|
Appeal against aggravated robbery conviction dismissed; sentence increased from 15 to 20 years due to serious violence.
-
Criminal law — aggravated robbery — identification and recent possession — credibility of police witnesses — insufficiency of absence of fingerprints — sentencing above mandatory minimum for violent robbery.
|
20 April 1993 |
|
Appellant’s conviction upheld on police apprehension evidence; sentence increased from 15 to 20 years due to serious violence.
-
Criminal law — Aggravated robbery — identification and eyewitness credibility — police pursuit and apprehension — sufficiency of evidence; Sentence — mandatory minimum increased due to serious violence and injuries to victim.
|
20 April 1993 |
|
Identification and corroboration by recovered stolen property upheld conviction for aggravated robbery; appeal dismissed.
-
Criminal law — Aggravated robbery — Identification evidence — Alibi — Corroboration by recovery and sale of stolen vehicle part — Mandatory sentence.
|
20 April 1993 |
|
Identification upheld on multiple observation opportunities and corroboration; appeal against aggravated robbery conviction dismissed.
-
Criminal law — Aggravated robbery — Identification evidence and opportunity to observe — Corroboration by recovered property — Alibi rejected — Mandatory 15-year sentence.
|
20 April 1993 |
|
Appellant's conduct lacked malice aforethought; murder conviction substituted for manslaughter and sentence reduced to 18 months.
-
Criminal law — Murder v
-
Manslaughter — Malice aforethought — Whether evidence supports intent to kill — Appellate substitution of conviction and reduction of sentence — Consideration of absence of weapon and prior punishment in sentencing
|
20 April 1993 |
|
Fatal assault lacked malice aforethought; murder conviction reduced to manslaughter and sentence reduced to 18 months' imprisonment.
-
Criminal law — murder v. manslaughter — absence of malice aforethought; factual assault causing death; substitution of conviction; sentence review and reduction.
|
20 April 1993 |
|
Appeal against aggravated robbery conviction dismissed; trial court properly accepted eyewitness identification despite handcuffs.
-
Criminal law — aggravated robbery — eyewitness identification — reliability of identification despite handcuffs — corroborative post-incident conduct — appellate review of credibility findings.
|
20 April 1993 |
|
Identification evidence upheld for three appellants; fourth appellant's conviction quashed due to reasonable doubt about involvement.
-
Criminal law — Aggravated robbery — Identification evidence and identification parade irregularities — Caution where complainant saw suspect before parade — Corroboration by other witnesses and recovered property — Conspiracy: burden to prove involvement — Benefit of doubt when prosecution fails to rebut alternative account.
|
18 April 1993 |
|
Registered title entitles the respondent to injunctive protection pending resolution of competing claims to the land.
-
Property law — Interim injunction — Registered Certificate of Title prima facie proof of indefeasible ownership — Specific performance and priority — Possession/cultivation versus title — Delay and failure to execute assignment — Ambiguity in land description.
|
7 April 1993 |
|
Court upheld seven-year sentence for manslaughter of appellant's young daughter, finding alleged provocation not mitigating.
-
Criminal law — Manslaughter — Sentencing — Fatal physical assault on a young child — Alleged provocation by child not mitigating — Seven-year sentence with hard labour upheld.
|
6 April 1993 |
|
Appeal against a nine-year manslaughter sentence dismissed; provocation and remorse insufficient to mitigate weapon-related offence.
-
Criminal law — Manslaughter — Appeal against sentence — Provocation and remorse as mitigation — Use of a dangerous weapon as aggravating factor — Sentence of nine years with hard labour not excessive.
|
6 April 1993 |
|
Circumstantial evidence including recovery of stolen property and an admission upheld conviction and 20-year sentence for aggravated robbery.
-
Criminal law — Aggravated robbery — Identification issues where assailant masked — Circumstantial evidence: recovery of property and alleged admission — Failure to call witnesses — Sentence review.
|
6 April 1993 |
|
A burning victim's spontaneous statements admissible as res gestae, and circumstantial evidence upheld the conviction.
-
Evidence — Res gestae — spontaneity of injured person’s statement; hearsay exception — admissibility despite response to questions or short delay; voluntariness of confession; sufficiency of circumstantial evidence
|
5 April 1993 |