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Citation
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Judgment date
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| January 1996 |
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29 January 1996 |
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An election may be void under section 18(2)(a) for corrupt practices affecting the result, regardless of candidate’s personal involvement.
Electoral law – Section 18(2) – Grounds for voiding election – Paragraphs (a) and (c) are independent – Nullification for corrupt/illegal practices or intimidation affecting voters’ choice – Candidate culpability under paragraph (c).
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24 January 1996 |
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An election may be void under s 18(2)(a) for wrongdoing that affected the result even if the candidate was not personally involved.
Electoral law – s 18(2) Electoral Act – independence of grounds – para (a) voids election where corrupt or illegal practices affected result irrespective of candidate's personal involvement – para (c) addresses candidate/agent knowledge, consent or approval.
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24 January 1996 |
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An election may be void under s.18(2)(a) for misconduct affecting voters even without the candidate's personal involvement.
Electoral law – Section 18(2) – paragraphs (a) and (c) are independent – (a) voids election where misconduct affected voters irrespective of who committed it; (c) penalises candidate/agents for misconduct with their knowledge or consent.
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23 January 1996 |
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Whether section 5(4) of the Public Order Act unlawfully restricts constitutional freedom of assembly.
Constitutional law – freedom of assembly and association – reasonable limits and ‘‘reasonably required’’ test; Public Order Act s.5(4) – validity and necessity to enable police regulation; burden on challenger to prove unconstitutionality; persuasive but non‑binding role of foreign authorities in interpretation.
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10 January 1996 |
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Appeals dismissed where identification, recovery of stolen property and recent possession supported aggravated robbery convictions.
Criminal law – Aggravated robbery – Identification and recovery of stolen property – Recent possession – Admissibility of statements made in presence of accused – Sufficiency of circumstantial evidence on appeal.
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10 January 1996 |