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Citation
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Judgment date
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| August 1983 |
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Court rejected an inconsistent alibi, accepted single-witness identification, convicted for rape and assault; robbery charges failed.
Criminal law – alibi – assessment of inconsistencies and uncalled witnesses – adverse inference from defence failing to call alibi witness. Criminal procedure – single-witness identification – evaluation of opportunity to observe, lighting, demeanour and identity parade reaction. Criminal law – robbery – unwilling surrender of property distinguished from theft/robbery by force. Criminal law – common purpose – joint liability for assault in coordinated group attack.
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30 August 1983 |
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Whether identification and Section 119 admissions sustain convictions and death sentence for aggravated robbery.
Criminal law – Robbery with aggravating circumstances – identification evidence and identification parade procedure – credibility of eyewitnesses and corroborative physical/medical evidence. Criminal procedure – Section 119 pleas – admissibility of Magistrate’s Court statements; voluntariness and trial within a trial. Criminal liability – Common purpose and foreseeability – liability of co‑accused for attempted murder. Firearms and ammunition – proof of possession and necessity of evidence that weapon was loaded for ammunition conviction. Sentencing – death sentence for particularly serious aggravated robbery; leave to appeal refused.
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29 August 1983 |
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Application for leave to appeal contended identification, police testimony and firearm possession might render conviction unsafe; no order recorded.
Criminal procedure – application for leave to appeal under s316(1) – safety of conviction – identification evidence and photographic line-up – credibility of police witnesses – probative value of possession of firearm – appellate prospects test (reasonable chance of different finding).
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26 August 1983 |
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Application for leave to appeal against murder conviction dismissed for lack of reasonable prospect of success.
Criminal law — leave to appeal — test: whether there is a reasonable possibility another court would reach a different finding. Evidence — credibility of accused as witness — trial court's assessment afforded weight. Evidentiary weight of photographic exhibit — insufficient to disturb conviction.
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26 August 1983 |
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Accused convicted of murder with extenuating circumstances and sentenced to ten years' imprisonment despite the crime's brutality.
Criminal law – murder – plea of guilty with extenuating circumstances – sentencing factors: personal circumstances, nature of crime, community interest – intoxication and absence of previous convictions as mitigation – brutal multiple-stabbing killing – sentence of ten years' imprisonment where death would otherwise have been warranted.
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15 August 1983 |