Results.
8 judgments found.
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| August 1994 |
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Successful plaintiff entitled to interest under Cap 74 without pleading and to costs absent misconduct.
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Assault and damages — award of interest under Law Reform (Miscellaneous Provisions) Act Cap 74 s.4 — no need to plead interest — successful plaintiff ordinarily entitled to costs absent misconduct — English rule changes do not affect Cap 74
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25 August 1994 |
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Material contradictions in witness evidence and poor investigation led to quashing an aggravated robbery conviction and substituting store-breaking.
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Criminal law — Aggravated robbery — Sufficiency and consistency of witness testimony — Effect of material contradictions on credibility; Criminal procedure — Charging decisions and police investigation affecting proof of offence; Appeal — Substitution of conviction for a lesser offence.
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23 August 1994 |
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Appeal allowed: convictions based solely on improperly admitted confessions obtained under alleged duress were quashed.
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Criminal law — admissibility of confessions — voluntariness and duress — trial within a trial — duty to give reasons — medical evidence of injuries supporting allegations of beating — convictions unsafe where they rest solely on improperly admitted confessions.
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23 August 1994 |
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Contradictory witness evidence and poor police handling meant aggravated robbery was not proved; conviction substituted to store breaking.
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Criminal law — sufficiency of evidence for aggravated robbery — witness contradictions and police misclassification — substitution of lesser conviction (store breaking).
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23 August 1994 |
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Driver’s failure to stop at a roadblock supports inference of guilty knowledge, sustaining joint possession conviction.
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Criminal law — unlawful possession of prescribed trophy — joint possession — driver’s knowledge inferred from failure to stop at roadblock — evidential sufficiency despite minor discrepancies; misdirection on exhibit ownership not fatal
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18 August 1994 |
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9 August 1994 |
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9 August 1994 |
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A third party cannot sue an insurer directly under section 137 for pure property damage; statutory protection covers personal injury/death only.
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Roads and Road Traffic Act — Construction of Part IX and section 137 — Direct claims against insurer limited to death/bodily injury; section 138 protection confined to such claims — Policy-condition breaches may bar property-damage claims
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2 August 1994 |