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Citation
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Judgment date
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| July 2019 |
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Whether a municipal stray-dog operation was lawful and whether the owner proved negligence and damages for a shot dog.
Municipal law – stray dog eradication – licensing, collars and confinement – inspection in loco discretionary – judicial bias allegation – proof of ownership and market value for damages – negligence and public authority duty.
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25 July 2019 |
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Cancellation of a first offender’s licence for private-vehicle negligent driving was unlawful; sentence reduced to fine or 2 months.
Road Traffic Act s 52(2) – negligent driving – first offender v repeat offender – private vehicle v commuter omnibus/heavy vehicle – prohibition discretionary – cancellation of licence not automatic – proportionality of alternative imprisonment.
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25 July 2019 |
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Default judgment was improper where the appellant served pleadings at the wrong address of service; appeal allowed and matter remitted.
Civil procedure – Service of process – Address for service – Notices must be served at the notified address; service elsewhere is a nullity – Default judgment – plaintiff claiming damages must furnish evidence of nature and extent of damages – Competency of suit for harassment by third party (adult spouse must sue in her own capacity).
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25 July 2019 |
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Accused found not guilty by reason of insanity and released into relatives' custody after psychiatric findings.
Criminal responsibility — Mental Health Act — special verdict — not guilty by reason of insanity; psychiatric fitness to stand trial; release into relatives' custody.
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23 July 2019 |
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Whether a debt denominated in US dollars remains payable in US dollars despite statutory instruments establishing RTGS legal tender.
Contractual obligation — currency of payment — effect of SI 33 and SI 142 of 2019 — foreign‑denominated debts preserved — judgment may be given in foreign currency; interest and costs
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15 July 2019 |
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The applicants' convictions for barricading a road were upheld; police identification credible and sentence not excessive.
Criminal law – obstruction of road – burning tyres – identification evidence – assessment of witness credibility and written statements – materiality of discrepancies – scope of appellate interference in factual findings – sentence review (mischief/ shock/misdirection).
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11 July 2019 |
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Custodial sentence for politically motivated assault upheld; sentencing court did not misapply its discretion.
Criminal law – Assault (s89) – politically motivated assault – sentencing discretion – custodial versus non-custodial penalties – plea of guilty and first-offender credit – deterrence in election context.
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11 July 2019 |
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Single-witness assault conviction upheld despite trial misdirection; custodial sentence substituted with suspended terms and community service.
Criminal law – Single-witness evidence – Caution required but misdirection not necessarily fatal where evidence is credible; Sentencing – custodial sentence excessive – preference for non-custodial measures and community service.
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11 July 2019 |
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Accused found not guilty by reason of insanity and remanded to a psychiatric institution for treatment under the Mental Health Act.
Criminal law – Insanity/special verdict – Not guilty by reason of insanity under the Mental Health Act – Psychiatric evidence on criminal responsibility and fitness to stand trial – Post-verdict detention in psychiatric institution.
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9 July 2019 |