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Citation
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Judgment date
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| July 2020 |
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Medical and forensic evidence supported convictions for culpable homicide and assault, not murder, with common purpose by several accused.
Criminal law – murder v culpable homicide – cause of death and medical evidence; common purpose liability; adverse inference from inconsistent warned and cautioned statements; assault; abandonment leading to death.
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17 July 2020 |
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High Court may substitute a fraud conviction with a vehicle registration offence and impose a fine under its review powers.
Criminal law — Fraud (s136) v vehicle registration offence (s44(2)(e) Vehicle Registration and Licencing Act); High Court review powers (High Court Act s41(h); s29(2)(b)(viii)); Conviction for crime other than charged (Criminal Law Act s274); Substitution of conviction and sentence on appeal.
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16 July 2020 |
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A rescission application filed on the wrong form and substituted without leave is a nullity and is struck off with punitive costs.
Civil procedure — rescission of judgment — mandatory compliance with rules (Rule 230/Form 29) — defective process a nullity — substitution without leave impermissible — Rule 4C cannot validate wholesale substitution — punitive costs
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15 July 2020 |
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Bail denied where applicants were flight risks with a strong State case in a gang-related murder.
Bail pending trial — constitutional right (s 50(1)(d)) — compelling reasons to deny bail — s 117 factors — flight risk and likelihood to abscond — strength of State case — gang-related machete/axe murder — protection of public and proper administration of justice.
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10 July 2020 |
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Condonation granted where reasonable explanation and prima facie merits outweighed minimal prejudice.
Civil procedure — Condonation for late application to rescind default judgment — Rule 63 — Delay, reasonable explanation, prospects of success, and prejudice — Prima facie evidence of disposal of disputed property
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8 July 2020 |
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Pre-existing court-granted land rights under an Administrative Court order were preserved against later State allocations; offer letters set aside.
Constitutional law – effect of Constitutional Amendment No. 17 (s16B) on pre-existing court-granted land rights – non-retroactivity and protection under s291 of the Constitution; administrative allocations and unlawful offer letters; unlawful occupation
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6 July 2020 |
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Appellant’s challenge to custodial sentence for stabbing dismissed; community service/fine inappropriate given weapon use and serious injury.
Criminal law – Attempted murder – Sentence – Use of dangerous weapon and severity of injury – First offender not automatically entitled to non-custodial sentence – Community service and fines inappropriate where public safety and deterrence demand custody – Membership of disciplined forces as aggravating factor – Lack of remorse and false report aggravating.
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3 July 2020 |