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Citation
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Judgment date
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| December 2017 |
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Assigned counsel and refusal to adjourn did not render trial unfair; murder convictions affirmed, robbery convictions quashed as procedural nullity.
Criminal law – fair trial and right to counsel of choice – limits on adjournments; assigned counsel valid where defendant refuses available legal aid counsel; defence conduct – importance of written instructions and signed record when defendant elects not to testify; provocation/manslaughter only left to jury if supported by credible evidence; admissibility of caution statements decided at voir dire; procedural nullity where capital and non-capital offences tried together contrary to Jury Ordinance (different jury sizes) – robbery conviction quashed.
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1 December 2017 |
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Court reduced a manifestly excessive 10-year sentence for intentional grievous bodily harm to 8 years, criticizing use of unadopted UK guidelines.
Criminal law – Sentencing – grievous bodily harm with intent – appropriate starting point for sentence – manifest excess; use of foreign (UK) sentencing guidelines without formal adoption. Sentencing practice – need for uniform sentencing guidelines to be issued by Chief Justice after consultation. Consideration of previous convictions, aggravating factors (unprovoked knife attack), and mitigation (remorse, family responsibilities).
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1 December 2017 |
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1 December 2017 |
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1 December 2017 |
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1 December 2017 |
| November 2017 |
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A warrantless arrest is unlawful where the charged offence is time‑barred, invalidating consequent convictions.
Criminal law – Arrests – Warrantless arrest – Lawful only where there is a prosecutable offence; Summary Offences Ordinance s.30 (escape from lawful custody) – Magistrate’s Court Ordinance s.20(1) – six‑month limitation for summary complaints – Effect of time‑bar on lawfulness of arrest and validity of subsequent convictions.
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28 November 2017 |
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Appeal dismissed because claim for unpaid final wages was unpleaded, so Tribunal lacked jurisdiction to award section 19(3) relief.
Employment law – Unfair dismissal – Section 19(3) entitlement to statutory remuneration where employer fails to pay after termination; Pleading requirements – necessity to particularise claims in originating application; Jurisdiction – Tribunal cannot decide unpleaded claims; Compensation structure – Basic and compensatory awards do not include unpaid wages.
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22 November 2017 |
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Procedural irregularities did not deny natural justice where the employer had actual notice; appeal dismissed.
Labour law – unfair dismissal – service of process under Employment (Labour Tribunal Procedure) Rules – Rule 4, Rule 12, Rule 18 – actual notice and conciliation participation – procedural irregularity does not necessarily equal denial of natural justice.
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21 November 2017 |
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Appellant’s claim of mistake insufficient; valid marriage certificate and lack of corroboration justify dismissal of annulment petition.
Matrimonial Causes Ordinance s16(c) – annulment for lack of valid consent (mistake). Validity of marriage certificates and hallmarks of lawful ceremony. Evidential burden and need for corroboration (officiant/witness testimony). Procedural fairness – use of Attorney General's written opinion v. formal intervention. Appellate review – interference only for identifiable legal/factual error or perversity.
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20 November 2017 |
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Appellant's prior threat and return with an armed companion supported inference of joint enterprise; appeal dismissed, conviction affirmed.
Criminal law – Firearms/Imitation firearm – joint enterprise and secondary participation; sufficiency of evidence to infer joint enterprise from threats, return with armed companion, and conduct; spontaneous formation of joint enterprise; appellate review limited to sufficiency of factual evidence.
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16 November 2017 |
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Leave to appeal to the Privy Council refused; extradition questions not of sufficient general or public importance.
Extradition law – leave to appeal to Privy Council – threshold of "great or general importance"; conduct test for dual criminality; double jeopardy applicability across jurisdictions; specialty rule and presumption of treaty compliance.
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15 November 2017 |
| June 2017 |
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15 June 2017 |
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15 June 2017 |
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15 June 2017 |
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Labour and Employment Law
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15 June 2017 |
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Appeal against murder conviction and mandatory life sentence dismissed; trial judge’s summing-up and sentence upheld.
Criminal law – murder – intention to kill – drawing of inferences from conduct and words; jury directions on intention and burden of proof. Criminal law – self-defence and provocation – appropriate directions and effect of provocation reducing murder to manslaughter. Criminal procedure – alleged judicial bias – summing-up – fair-minded observer test. Sentencing – mandatory life imprisonment for murder – constitutionality – parole review and relevant precedent.
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9 June 2017 |
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The court reduced the applicant's 10‑year sentence to 8 years, finding the original term manifestly excessive and guideline use inappropriate.
Criminal law — Sentencing — grievous bodily harm with intent — knife attack causing serious internal injuries; prior convictions considered. Sentencing practice — use of United Kingdom sentencing guidelines by individual judges without official adoption is inappropriate; consistency in sentencing ranges requires Chief Justice guidance. Appeal — sentence found manifestly excessive and reduced from 10 to 8 years.
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6 June 2017 |
| April 2017 |
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Statutory Interpretation
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27 April 2017 |
| February 2017 |
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A secured creditor who has paid under a guarantee is entitled to leave to enforce its security outside the winding-up.
Companies Ordinance s.109/130 — leave required to sue a company in liquidation; secured creditors — right to enforce security outside winding-up; implied indemnity where surety pays under guarantee (Re a Debtor); appellate review of discretionary refusal where judge errs in principle; relevance of prior judgments and documentary evidence to determine secured status.
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23 February 2017 |
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A secured creditor (the applicant) entitled to leave to sue the company in liquidation to enforce its security.
Companies Ordinance s.109/130 – leave to commence proceedings against a company in liquidation; secured creditor’s right to enforce security outside winding-up; implied indemnity/debt where guarantor pays (Re a Debtor); In Re David Lloyd & Co; appellate review of discretionary refusal of leave.
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23 February 2017 |
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Court affirmed convictions where admissible DNA and fingerprint evidence supported identification and no trial unfairness occurred.
Criminal law – robbery – identification by DNA and fingerprints – admissibility and weight of expert evidence – trial continuance in accused’s absence – duty to direct on good character – refusal of state-funded witness where expertise not shown.
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21 February 2017 |