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Citation
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Judgment date
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| November 1984 |
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Overtaking near a T-junction without guarding against a possible turn constituted negligence; a six-month driving prohibition was unjustified.
Road traffic — Negligent driving — Overtaking near a T‑junction — Duty to anticipate large vehicle turning into junction — Sentence — Driving prohibition — Relevance of remote prior conviction.
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5 November 1984 |
| October 1984 |
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An implied warranty against latent defects may be inferred despite a claimed voetstoots sale when repairs and early breakdown indicate pre-existing defects.
Sale of goods – latent defects – implied warranty inferred from surrounding circumstances (extensive repairs, seller’s assurances, immediate post-sale breakdown) – voetstoots defence – amendment of pleadings at late stage – application for absolution from the instance – onus of proof.
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30 October 1984 |
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Appeal rejected on conviction: ownership defence disbelieved; premeditated burning of complainant's hut justified substantial sentence.
Criminal law – Arson – Ownership dispute as defence – Credibility findings on ownership – Premeditation and substantial economic loss as sentencing aggravating factors.
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30 October 1984 |
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The respondent's four-month sentence for repeat housebreaking and theft was excessively lenient; proper sentence would have been one year with labour.
Criminal law – Appeal against sentence – Housebreaking with intent to steal and theft – sentencing principles – relevance of prior convictions and recidivism – excessive leniency – declaratory order where sentence already served.
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15 October 1984 |
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Appellant's negligent-driving conviction and sentence upheld; magistrate’s credibility findings and sentencing discretion affirmed.
Road Traffic Act s 43(1)(a) – negligent driving – credibility findings – recklessness includes gross negligence – magistrate’s sentencing discretion – appeal dismissed.
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15 October 1984 |
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State concession of a bona fide mistake of fact negated mens rea, so conviction and mandatory sentence were quashed.
Criminal law – mens rea – bona fide mistake of fact – possession under Precious Stones Trade Act – State concession – court’s power under s.10(3) to allow appeal and quash conviction.
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10 October 1984 |
| April 1984 |
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Court confirmed that a Taxing Master's fee reduction may be corrected where he clearly underestimates complexity, awarding $6,000 for senior counsel's first day.
Taxation of costs — review of Taxing Master's discretion — twofold ground for interference: (a) common-law review (mala fides, failure to apply mind, wrong principle), and (b) where court is clearly of opinion Taxing Master was wrong — counsel's fees; complexity of proceedings; party‑and‑party versus attorney‑and‑client scale costs.
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17 April 1984 |