Results.
7 judgments found.
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| June 2022 |
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Equitable assignment of an equity of redemption (s.62) can vest full title upon redemption; equitable claims are not time-barred under s.2(7).
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Conveyancing — Equity of redemption — Assignment vs outright transfer — Applicability of Lands and Deeds Registry Act sections 61 and 62 — Registration requirements — Equity and limitation (Limitation Act s.2(7)) — Delay, laches and subrogation.
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22 June 2022 |
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Appeal dismissed: unchallenged extrajudicial confession and note confirmed motive and premeditation, warranting murder conviction and death sentence.
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Criminal law — murder — sufficiency of proof as to cause of death — extrajudicial confession to private person — admissibility and weight — motive and corroboration — mens rea/malice aforethought — appellate review of trial judge’s evaluation of conflicting accounts.
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14 June 2022 |
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Belief in witchcraft may mitigate murder sentence but is negated by an unprompted admission of being hired to kill.
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Criminal law — Murder — Sentence — Belief in witchcraft as possible extenuating circumstance; mitigation; effect of unsolicited admission of being hired to kill.
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13 June 2022 |
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Whether a brief voir dire showing a child knows lying is wrong suffices under s122 to receive evidence on oath.
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Juveniles Act s122 — Child witness — Voir dire requirements — Court must be satisfied child has sufficient intelligence and understands duty to speak truth — No prescribed questionnaire — Ocular observation and brief probing may suffice — No need to show knowledge of sanctions for lying.
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13 June 2022 |
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Eyewitness identification corroborated by possession of stolen property sustained appellant's conviction for aggravated robbery and murder.
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Criminal law — Identification evidence and recent possession — Mutual corroboration of eyewitness identification by possession of stolen property — Circumstantial evidence — Aggravated robbery and felony murder.
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10 June 2022 |
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Failure to obtain mandatory leave from the Court of Appeal deprived the Supreme Court of jurisdiction, so appeals dismissed.
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Criminal procedure — Appeal to Supreme Court — Mandatory leave to appeal from Court of Appeal (Court of Appeal Act s.13; Supreme Court (Amendment) Act s.17) — Order XI(5) of Court of Appeal Rules cannot displace statutory leave requirement — leave substantive and jurisdictional — Rule 37 and constitutional provision not a cure.
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7 June 2022 |
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Appeal against murder conviction dismissed: malice proved, no extenuating circumstances, life sentence set aside and death penalty imposed.
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Criminal law — Murder v manslaughter — malice aforethought (s204 Penal Code) — deadly weapon (broken bottle) — contemporaneous statements — res gestae — drunkenness not automatically extenuating — sentencing misdirection — substitution of death penalty.
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7 June 2022 |