JUDGMENTS
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
Criminal Appeal No. 2 of 2016
[Criminal law – Drug consumption – Subsequent offender – Whether sentence excessive.]
Decision date: 17 Mar 2016
Criminal Appeal No. 40 of 2014
[Criminal Case – Appeal – Sentence – Section 6(b) of MDA – 3 years custodial sentence.]
Decision date: 3 Mar 2016
Criminal Trial No. 31 of 2015
[Criminal Law – Sentencing – Alternative charge under section 451 Penal Code]
Decision date: 2 Mar 2016
Criminal Appeal No. 29 of 2014
Criminal Appeal No. 29 of 2014
[Appellant convicted of two offences under section 6(a) of the Prevention of Corruption Act Cap.131 and two offences under section 165 of the Penal Code Cap.22 — whether convictions unsafe and unsatisfactory — against the weight of the evidence — whether sentence of 36 months wrong in law and manifestly excessive]
Decision date: 12 Jan 2016
Criminal Appeal No. 30 of 2015
[Criminal law – Sentence – Causing death by dangerous driving – Disqualification for life from driving – Special reasons.]
Decision date: 11 Jan 2016
Criminal Trial No. 38 of 2015
Criminal Trial No. 36 of 2015
[Criminal Law – Sentencing – S.407 Penal Code.
Criminal Law – Order for compensation under section 382 Criminal Procedure Code. ]
Decision date: 30 Dec 2015
Criminal Trial No. 37 of 2015
Decision date: 31 Dec 2015
Criminal Appeal No. 42 of 2015
[Sentence — Driving a motor vehicle without being insured — insurance policy had expired for more than 2 years prior to the offence — special reasons — extension of grace period — financial difficulties — hindrance to the deterrent sentence — administrative burden to the court section 3(1) and 3(2) of the Motor Vehicles Insurance (Third Party Risks) Act, Cap 90 — disqualified from driving a motor vehicle for 12 months.]
Decision date: 3 Dec 2015
Criminal Appeal No. 19 of 2015
[Sentence for gang robbery (s.39L CAP 22) and rape (s.376(L) CAP22). Totality principle considered 18 years qnd 72 strokes reduced to L4 years and 72 strokes]
Decision date: 30 Nov 2015
Criminal Appeal No. 40 of 2015
[Criminal Procedure – retraction of plea of guilty – principles applicable – Section 175 of the Criminal Procedure Code.]
Decision date: 30 Nov 2015
Criminal Appeal No. 11 of 2015
[Joint charge of people smuggling – the presumption under section 7 (2) of the Trafficking and People Smuggling Order 2004 engaged – neither appellant succeeded in rebutting the presumption. Appeals against conviction dismissed]
Decision date: 26 Nov 2015
Criminal Appeal No. 10 of 2015
[Joint charge of people smuggling – the presumption under section 7 (2) of the Trafficking and People Smuggling Order 2004 engaged – neither appellant succeeded in rebutting the presumption. Appeals against conviction dismissed]
Decision date: 26 Nov 2015
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