JUDGMENTS
Criminal Appeal No 7 of 2005
[The perception that there has been an increase in offences of incestuous rape since Ahmad Ebrahim v PP (Criminal Appeal 8 of 2004) was decided in December 2004 is not supported by the up to date statistics. Higher sentences passed on the basis of such increase are not justified. The guideline of a starting point of 15 years reduced to 10 after plea affirmed. Guidelines are to be followed unless sound reasons are given for departing from them]
Decision date: 1 Dec 2005
Criminal Appeal No. 2 of 2005
Criminal Appeal No. 17 of 2004
[Conviction for possession of cannabis for the purpose of the trafficking. In the particular
circumstance the conviction was found to be unsatisfactory. Conviction therefore quashed]
Decision date: 28 Nov 2005
Criminal Appeal No. 9 of 2005
[Fine only imposed for criminal breach of trust as a servant – appeal by Public Prosecutor.
Held that the mitigation, although strong, did not amount to the “very exceptional circumstances” required by R v Barrick, but in the present circumstances the court
would not interfere.]
Decision date: 28 Nov 2005
Criminal Appeal No. 6 of 2005
[Revised tariff for possession of amounts below 40 grammes of Methylamphetamine for the purpose of trafficking made necessary by the Misuse of Drugs Act (Amendment) Order of 2002]
Decision date: 21 Nov 2005
Criminal Appeal No. 8 of 2005
[3 offences of Rape of daughter when 13 and 16 years. Guidelines in A Bin I v PP [Cr.App.No.8 of 2004] considered. Overall sentence of 14 years imprisonment appropriate. Appeal dismissed]
Decision date: 17 Nov 2005
Criminal Appeal No. 3 of 2005
[The Appellant pleaded guilty to 3 charges of Criminal Breach of Trust contrary to S.409
of the Penal Code. On the individual charges, the Judge’s approach to sentence was impeccable. However, she then failed to consider whether the total consecutive sentences of 6 years were excessive, having regard to the overall criminality and mitigation. The total of 6 years’ imprisonment excessive. Reduced to 4 years]
Decision date: 16 Nov 2005
Criminal Appeal No. 9 of 2004
[Seven counts of criminal force to outrage modesty. Victim daughter of the offender.
Offences commenced when victim was 12 and continued for more than 2 years.
Offences were grossly indecent. Overall sentence of 10½ years and 14 strokes
was held not to call for interference by Court of Appeal]
Decision date: 15 Nov 2005
Criminal Appeal No. 20 of 2004
[Total of 4 years and 7months’ imprisonment, with 6 strokes held to be entirely appropriate for offences the subject of this appeal. A further sentence of 4 years and 1 month’s imprisonment passed by a Magistrate for different offences. The Magistrate ordered sentence to commence at the conclusion of the present sentence, making a total of 8 years and 8 months in all. Magistrate’s sentence not before this court]
Decision date: 14 Nov 2005
Civil Appeal No. 2 of 2005
[Appeal as to costs only: Court has jurisdiction where exercise of discretion founded on an error of law.]
Decision date: 19 May 2005
Civil Appeal No. 1 of 2005
[Damages for injuries in traffic accident – no evidence at trial of working of automated traffic lights – no submissions relying thereon allowed on appeal – crucial issue of negligence rightly determined by Judge – credibility of unsupported evidence is a matter for trial judge. ]
Decision date: 18 May 2005
Civil Appeal No. 7 of 2004
[Question to be determined was whether when a Memorandum of Charge is registered under s.23 of the Land Code a “statutory charge is created which ousts the equitable jurisdiction of the Supreme Court to order a sale of the land subject to a charge and wholly vests that power in the Land Officer.” ]
Decision date: 9 Dec 2004
Criminal Appeal No. 5 of 2004
[Criminal Breach of Trust – appeal against inadequacy of sentence – dismissed principally
by reason of failure to notify defendant]
Decision date: 6 Dec 2004
Criminal Appeal No. 8 of 2004
Civil Appeal No. 8 Of 2001
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Decision date: 25 Oct 2001
Civil Appeal No. 7 OF 2001
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Decision date: 25 Oct 2001
Criminal Appeal No. 12 of 2000
Civil Appeal No. 5 Of 1999
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Decision date: 24 Nov 1999
Civil Appeal No. 6 Of 1999
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Decision date: 15 Nov 1999
Civil Appeal No. 4 Of 1999
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Decision date: 11 Nov 1999
Criminal Appeal No 12 Of 1999
Civil Appeal No. 15 Of 1998
Civil Appeal No. 9 Of 1999
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Decision date: 4 Nov 1999
Civil Appeal NO. 3 Of 1999
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Decision date: 3 Nov 1999
Civil Appeal No. 2 Of 1999
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