Results.
8 judgments found.
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| May 2024 |
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Appeals dismissed: identification, recent possession and ballistic evidence sufficiently proved armed robberies.
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Criminal law — identification evidence — single and multiple identifying witnesses — recent possession doctrine — recoveries and scene reconstruction — definition and proof of firearm under the Firearms Act — appellate interference with trial findings of fact.
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21 May 2024 |
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Whether denial or suspension of driving licences for deaf persons breaches constitutional rights to freedom of movement and non-discrimination.
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Constitutional law — Road Traffic Act (ss.59,62,68) — Licensing and suspension of drivers with hearing impairment — Article 11 (protection of the law) — Article 22 (freedom of movement protects liberty to move, not means) — Article 23 (entrenched text did not expressly include disability) — Persons with Disabilities Act and UNCRPD as alternative remedies.
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16 May 2024 |
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Denial or suspension of driving licences for deaf persons did not, per se, violate Articles 11, 22 or 23 of the Constitution.
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Constitutional law — Part III rights — protection of the law, freedom of movement and non-discrimination — scope of Articles 11, 22 and 23; Road Traffic Act — fitness to drive and public safety; Persons with Disabilities Act and UNCRPD — alternative remedies.
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16 May 2024 |
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The State successfully appealed: extenuation lacked evidential basis and the six-year sentence was quashed for mandatory death.
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Criminal law — Murder — Extenuating circumstances must be evidence-based — Defence of property cannot be raised for first time at sentencing — Appellate power to quash and substitute sentence where substantial miscarriage of justice — Substitution of mandatory death despite sentence served.
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16 May 2024 |
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Conviction based solely on circumstantial coincidence and lack of identification was unsafe; appeal allowed and acquittal ordered.
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Criminal law — circumstantial evidence — sufficiency of coincidence of injuries as incriminating link — identification parades — police dereliction of duty — reasonably possible defence creates reasonable doubt.
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15 May 2024 |
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Conviction overturned for reliance on uncorroborated interested witnesses and improperly admitted confession evidence.
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Criminal law — murder; corroboration of interested witnesses; hearsay; caution over evidence of detained/suspect witness; admissibility of confessions — court must ask defence to object; ballistic evidence not conclusive.
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14 May 2024 |
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The Supreme Court held it may determine its own jurisdiction to grant leave to appeal and need not refer that question to the Constitutional Court.
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Constitutional jurisdiction — Whether Supreme Court may grant leave to appeal to itself after Court of Appeal refusal — Article 131 interpretation — Article 128(2) referral to Constitutional Court — Mandona precedent.
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8 May 2024 |
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Termination by notice communicated via a group HR officer was valid; wrongful dismissal yields damages, not nullity, and entitlements lacked proof.
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Employment law — validity of termination by notice communicated by parent-group official — master-and-servant relationship — wrongful termination is breach (damages) not nullity; delving behind termination requires evidence of improper motives; acting allowance and salary increase require clear proof or formal contract amendment.
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6 May 2024 |