Blue Downs

6 judgments

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6 judgments
Citation
Judgment date
February 2023
Illegal possession of a firearm warrants significant penalties to balance deterrence and denunciation with offender rehabilitation.
Criminal law – Sentencing – Illegal possession of firearms – Deterrence, denunciation versus rehabilitation – Substantial and compelling circumstances for reduced sentence.
23 February 2023
The court upheld the warrantless arrest and convicted the accused for unlawful firearm possession beyond reasonable doubt.
Criminal procedure - warrantless arrest - grounds of reasonable belief. Firearms possession - proving possession beyond reasonable doubt.
22 February 2023
Balancing retribution and rehabilitation in sentencing for murder influenced by toxic masculinity.
Criminal Law – Murder – Toxic masculinity as an influencing factor – Sentencing principles: retribution, denunciation, and rehabilitation.
22 February 2023
Sentence for theft considering extensive criminal history and principles of sentencing proportionality and rehabilitation.
Criminal law – Sentencing – Consideration of previous convictions – Principle of proportionality – Rehabilitation versus deterrence.
21 February 2023
Accused found guilty of murder, not premeditated, despite intoxication and anger, for stabbing victim.
Criminal Law – Murder – Intention to kill – Premeditation – Effect of intoxication and anger on intent.
20 February 2023
State failed to present sufficient evidence for charges of driving under influence and bribery, leading to acquittal.
Criminal law - Road Traffic Act violations - driving under influence, reckless driving; Corruption - bribery of public officers; Evidence assessment - sufficiency and credibility; acquittal on no evidence.
17 February 2023