JUDGMENTS
Criminal Appeal No. 22 of 2014
[No new point of law, evidence or procedure – not reportable.]
Decision date: 18 Aug 2016
Criminal Appeal No. 19 of 2015
[Criminal law and procedure – Section 30(1) of the Misuse of Drug Act – bail application in Magistrate Court – Capital offences – Issues of jurisdiction]
Decision date: 6 Aug 2016
Criminal Appeal No. 9 of 2016
[Detention of travel document by the Anti-Corruption Bureau – Jurisdiction of Magistrate – Interpretation of Statutes]
Decision date: 14 Jul 2016
Criminal Appeal No. 48 of 2015
[Criminal Law — Section 146 (1) (d) of the Excise Order 2006 — Appeal for reduction in the amount of monthly payment and longer period of instalment payments.]
Decision date: 12 Jul 2016
Criminal Appeal No. 47 of 2015
Criminal Appeal No. 11 of 2016
[Multiple offences of dishonesty – Thefts, housebreaking – Importance of consideration of starting point for sentence after trial to reflect overall criminality]
Decision date: 23 May 2016
Criminal Appeal No. 9 of 2016
[Multiple offences of dishonesty – Thefts, housebreaking – Importance of consideration of starting point for sentence after trial to reflect overall criminality]
Decision date: 23 May 2016
Criminal Appeal No. 13 of 2016
[Prosecutor’s appeal against sentence of 8 months imprisonment for an offence of housebreaking with intent to commit theft contrary to section 457 of the Penal Code. In the particular unusual circumstances involving totality of sentence appeal dismissed. Circumstances exceptional. Normally sentence would be manifestly too lenient]
Decision date: 23 May 2016
Civil Appeal No. 5 of 2016
[ Road Traffic Accident – negligence – vicarious liability – Road Traffic Act (Cap 68) Section 86 – Plaintiff’s claim for damages against driver’s employer – Appeal by employer – Respondent’s (Plaintiff’s) counter-notice – damages for quantified likelihood of future medical treatment and costs of maid’s services. Substantial delay between end of trial and delivery of judgment. Appellant’s claim to disallow interest for that interim period. Appeal dismissed – Cross Appeal allowed]
Decision date: 23 May 2016
Criminal Appeal No. 14 of 2015
[appeal against conviction for murder. Application to withdraw the admissions in facts agreed at trial refused. Admissibility of statements made to pathologist when conducting medical examination considered. Properly admitted in particular circumstances of this case when such statements were made part of the defence case. Appeal refused]
Decision date: 23 May 2016
Criminal Appeal No. 7 of 2016
[Theft and attempted theft from place of worship contrary to s380A Penal Code – sentences of 12 months and 18 months to be served concurrently due to exceptional personal circumstances]
Decision date: 18 May 2016
Criminal Appeal No. 8 of 2016
[Appeal against sentence. Pleaded guilty to three offences of outraging the modesty of daughter when 11 years and 13 years old. Sentenced to total of 3 years 6 months and 3 strokes. Appeal dismissed]
Decision date: 17 May 2016
Civil Appeal No. 4 of 2016
[Matrimonial property – Transfer of matrimonial home to wife – Suitability of lump sum in lieu of monthly payments for maintenance.]
Decision date: 16 May 2016
Criminal Appeal No. 36 of 2015
[Criminal law – Appeal – Possession of Contraband cigarettes – Appeal for extension of time to pay fine.]
Decision date: 14 May 2016
Criminal Appeal No. 6 of 2016
[Public Prosecutor’s appeal for an increase in sentence. Sentence of 14 years imprisonment after a guilty plea to 9 counts of rape on 3 of the defendant’s young daughters (contrary to ss 376(1) and (2) CAP 22) considered to be inadequate – many aggravating features – 16 years imprisonment subtituted]
Decision date: 14 May 2016
Criminal Appeal No. 5 of 2016
[Public Prosecutor’s appeal against acquittal. Appeal refused. On the evidence he heard it was open to the judge to find that the prosecution had not proved beyond reasonable doubt that the respondent ‘knew, or had reason to believe’ banknotes to be counterfeit contrary to section 489B of the Penal Code]
Decision date: 14 May 2016
Civil Appeal No. 11 of 2015
[Application for summary possession of land pursuant order 88 rule 1 – Applicable test – whether interlocutory or final order – S.20(2)(f) CAP 5 – When leave to appeal to Court of Appeal should be granted.]
Decision date: 12 May 2016
Criminal Appeal No. 2 of 2016
[Convicted after trial of theft of $100,000 from employers. Breach of Trust by security company supervisor. Sentence of 3 years 6 months. Appeal against sentence dismissed]
Decision date: 12 May 2016
Criminal Appeal No. 3 of 2016
[Appeal against total sentence of 5 years imprisonment with 2 strokes after pleas to 7 offences of dishonesty to support a drug habit. A persistent, opportunist, small-time offender. Offences not professional. Offences began shortly after his release from prison for similar offences but has realistic support from family to assist him when released. Appeal allowed against total sentence. Reduced to 3 years and 4 months with 2 strokes. Exceptional case]
Decision date: 12 May 2016
Civil Appeal No. 12 of 2015
[Statement of Claim struck out under order 18 rule 18 RSC by Senior Registrar. Plaintiff’s appeal dismissed by judge. Appeal from Judge dismissed. No reasonable cause of action demonstrated in the pleadings]
Decision date: 11 May 2016
Criminal Appeal No. 41 of 2015
[Criminal law – Consumption of methylamphetamine – Second offender – Sentence]
Decision date: 28 Apr 2016
Criminal Appeal No. 5 of 2016
[Criminal law – Extortion – Sentence.]
Decision date: 25 Apr 2016
Criminal Appeal No. 1 of 2016
[Criminal Procedure and Sentencing – Disqualification Order – driving under the influence of alcohol – whether any ‘special reason’ warranting exemption from mandatory disqualification – Section 26(1)(a) of the Road Traffic Act, Cap.68.]
Decision date: 9 Apr 2016
Criminal Appeal No. 4 of 2016
Criminal Appeal No. 44 of 2015
[Criminal law – Drug consumption – Second offender – Minimum sentence prescribed]
Decision date: 24 Mar 2016
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