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Citation
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Judgment date
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| November 2013 |
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Whether identification by child witnesses and circumstantial evidence proved the appellant's guilt and whether youthfulness was an extenuating circumstance.
Criminal law – Identification evidence – identification parade standards and reliability of child witnesses; Circumstantial evidence – inference of guilt; Credibility findings – appellate deference to trial court; Sentencing – youthfulness and extenuating circumstances (death sentence).
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27 November 2013 |
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Accidental axe strike amounted to culpable homicide, not murder; conviction substituted and six-year sentence imposed.
Criminal law – murder v culpable homicide – circumstantial evidence – R v Blom requirements – whether proved facts exclude every reasonable inference save intent – negligence in use of dangerous instrument – sentencing for culpable homicide.
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26 November 2013 |
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Indications by an accused leading to recovery of murder weapon admissible; circumstantial evidence established murder with intent, appeal dismissed.
Criminal law – murder – admissibility of accused’s indications under s 258(2) CPE Act – indications as external acts showing knowledge – credibility of accused’s allegations of police assault and planting of evidence – circumstantial evidence and inferences (R v Bloom) – sentence, extenuation
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25 November 2013 |
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Appeal dismissed: no extenuating circumstances found for double murder; convictions and death sentence upheld.
Criminal law – Murder with actual intent; defence of intoxication and accidental injury; assessment of extenuating circumstances; appeal against conviction and death sentence.
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25 November 2013 |
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Convictions for attempted murder and murder with actual intent upheld; death sentence affirmed; remitted to court for sentencing of attempted murder.
Criminal law – murder with actual intent and attempted murder – admissible warned-and-cautioned statements – defence of provocation – extenuation/mitigation – sentencing omission and remit for mitigation hearing
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24 November 2013 |
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A foreign-incorporated appellant cannot discharge a USD arbitral award by tendering local currency without exchange control authority.
Arbitration award – registration as judgment – money of account and money of payment – foreign currency award – exchange control approval – tender of local currency marked "without prejudice" – public policy and enforcement
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7 November 2013 |