Loading PDF...
This document is 231.0 KB. Do you want to load it?
Cited documents 2
Judgment
2|
Reported
SCA finds High Court misapplied law on common purpose, documentary evidence and s204, sets aside acquittals and orders retrial.
Criminal procedure – s174 discharge at close of State case – misapplication of legal standard; common purpose – prior agreement vs active association; documentary evidence – best evidence rule and admissibility of secondary evidence; s204 indemnity – witness need not admit offence to obtain indemnity; appellate review – setting aside acquittals and ordering retrial.
|
|
Leave to appeal refused; applicant entitled to protection of its client list and client information.
Application for leave to appeal — test: reasonable prospect of success — Plascon‑Evans approach for resolving factual disputes on affidavits — purchaser paid for clientele — client data retained on external device by former employee — locus standi of purchaser to sue for applicant — protection of proprietary client list and information; order not unduly wide.
|