Court : South Africa Supreme Court of Appeal
Decided on : Mar-27-2014
..... of 1977, being the date upon which the sentences were imposed. 1. this section was repealed on 31 december 2007 by section 2 of the criminal law (sentencing) amendment act 38 of 2007. 2. section 51(1) provides: notwithstanding any other law, but subject to subsection (3) and (6), a regional court or a high court shall sentence a person ..... following the conviction, the regional magistrate stopped the proceedings and committed the appellant for sentencing by a high court in terms of s 52(1)(b)1of the criminal law amendment act 105 of 1997 (the act). [2] in the high court, lukoto j confirmed the convictions of the appellant in terms of s 52(2)(b) of the ..... count one. the accused is sentenced to an effective 30 years imprisonment. 2. the sentence is antedated to 29 june 2001, in terms of s 282 of the criminal procedure act 51 of 1977, being the date upon which the sentences were imposed. judgment saldulker ja (navsa and leach jja concurring): [1] this is an appeal directed against sentence only. .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
Decided on : Apr-16-2014
..... extra-curial statement. he thereafter held the statement to be admissible against his co-accused, purportedly in terms of s 3 of the law of evidence amendment act 45 of 1988 (the act). [27] the first appellant chose not to testify in his defence. all the other accused testified and denied any involvement in the incident. it appears ..... . ndhlovu (supra) makes no attempt to reconcile the incongruity between the bar created by section 219 of the criminal procedure act 51 of 1977 and its application of section 3 of the law of evidence amendment act 45 of 1988. moreover, in dealing with the constituent parts of section 3, ndhlovu offers no guidance as to how ..... “ his only fiction being the substitution of the accused for the culprit.? [49] because the challenge in ndhlovu concerned the constitutionality of s 3 of the act, and because the enquiry focused primarily on that issue, no attention was paid to the earlier decisions of our courts in which the rule against allowing admissions and .....
Tag this Judgment!Court : UK Supreme Court
Decided on : Feb-19-2014
..... the surrendering company relates to a loss in respect of which relief has been given under section 393(1) of the taxes act 1988 (carry forward of trading losses), the surrendering company must at the same time amend its company tax return for the period or, if more than one, each of the periods in which relief for that loss ..... that those claims are invalid as a matter of domestic law. they rely upon para 73(2) of schedule 18 to the finance act ("fa") 1998, which provides that "a claim for group relief may not be amended, but must be withdrawn and replaced by another claim". they say that the original claims were not withdrawn and that it follows ..... is calculated as follows. first step determine the total amount available for surrender under section 403 of the taxes act 1988 “ (a) on the basis of the information in the company's company tax return, and (b) disregarding any amendments whose effect is deferred under paragraph 31(3). second step then deduct the total of all amounts for which .....
Tag this Judgment!Court : UK Supreme Court
Decided on : Mar-05-2014
..... the carrier is a community air carrier. generally the montreal convention has force in the uk by virtue of section 1 of the carriage by air act 1961 as amended, but not in relation to community air carriers to the extent that the montreal regulation has force in the uk: section 1(2) of the 1961 ..... level 5 on the standard scale. the maximum level 5 fine on summary conviction is currently 5,000: criminal justice act 1982, as amended, section 37. there will be no maximum limit when the legal aid, sentencing and punishment of offenders act 2012, section 85, comes into effect. 13. regulation 9 is headed "compensation claims by disabled persons etc." it ..... act. the montreal regulation has direct effect in the uk by virtue of section 2 of the european communities act 1972. the montreal regulation followed the conclusion of the montreal convention. .....
Tag this Judgment!Court : Canada Supreme Court
Decided on : Mar-28-2014
..... law of the province, and were not otherwise in conflict with the geca (para. 30). [4] for example, in the case of the pulmonary tuberculosis amendment, which was followed by a regulation implementing the change (the government employees compensation regulations 1948 (pulmonary tuberculosis), sor/48-573), a provincial wcb could not deny ..... debates, vol. ii, 3rd sess., 20th parl., march 31, 1947, at p. 1892). however he affirmed that the amendment œintroduces a new principle? and that the new section œprovides something which no other provincial act, save for perhaps one, does? (pp. 1894 and 1896). [38] potential conflicts between the geca and provincial workers ..... employed (s.c. 1955, c. 33, s. 2). during first reading of these amendments, the minister responsible stated: the proposed amendments provide that the entitlement to and rates of compensation payable to an employee under the act shall be determined in accordance with and under the same circumstances as are provided under the law .....
Tag this Judgment!Court : Canada Supreme Court
Decided on : Apr-25-2014
..... and replacing it with an ability to delay the adoption of legislation; and giving the house of commons and the provincial legislatures the power to select senators: constitutional amendment act, 1978 (bill c-60), june 20, 1978, cls. 62 to 70. the bill was not adopted and, in 1980, this court concluded that parliament ..... contemplated in the provision to be implemented in a coherent manner throughout canada. [39] section 42(1)(b) of the constitution act, 1982 expressly makes the general amendment procedure applicable to amendments in relation to œthe powers of the senate and the method of selecting senators?. we discuss below the meaning of this statutory ..... (b. pelletier, la modification constitutionnelle au canada (1996), at p. 208) (c) the special arrangements procedure [42] section 43 of the constitution act, 1982 provides: 43. an amendment to the constitution of canada in relation to any provision that applies to one or more, but not all, provinces, including (a) any alteration to .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
Decided on : May-19-2014
..... provided for, the recent revision to the regulations has no bearing whatsoever on the issues to hand. [26] in terms of s 17(1) of the act, after its amendment by the amendment act, a third party (ie person in the position of the plaintiff) is entitled to compensation for a non-pecuniary loss only for a serious injury as ..... in substitution of the high courts order. he has asked simply that the high courts order relating to the award for general damages be set aside. [34] the amendment act, read together with the regulations, has introduced two paradigm shifts that are relevant to the determination of this appeal: (i) general damages may only be awarded for injuries ..... a joint minute, prepared by experts from both sides, on the question of whether the injuries were serious or not. as duma makes clear, in terms of the amendment act and the regulations, the position is now that unless the fund is so satisfied [ie that the injuries are serious] the plaintiff simply has no claim for general .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
Decided on : May-06-2014
..... “ region 1 advised the municipality by letter that the competent authority for the administration of lupo had resolved to refuse both the applications for rezoning and the amendment to the relevant condition of approval. the last paragraph of the letter reads: your municipality should instruct the applicant to apply for a contravention levy (as ..... the appellant who deposed to the opposing affidavit, stated that mr mupariwa, director: planning services, the relevant official of the municipality, did not regard the proposed amendment to the sdp as sufficiently material to warrant notice thereof being advertised or served on other land owners in the area. however, on 24 january 2010, after ..... requires that building plans comply with the requirements of the act and any other applicable law. there is no evidence that the provisions of ss 17[3]and 39[4]of lupo were considered before the decision to approve was taken. once the decision to amend the sdp was rescinded, the approval of the plans .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
Decided on : Mar-14-2014
..... that have their origin in past events. frequently that question is resolved by way of transitional provisions in an amending law. the act provides a clear example of this. it repealed and replaced the prescription act 18 of 1943. in s 16 it dealt with the implications of this by providing that prescription in respect ..... statute and accordingly the reliance on this section in argument on behalf of mr malcolm is misplaced. the prescription act has neither been repealed nor amended. all that has happened is that the section in the act has been interpreted in the light of changed circumstances and constitutional values. that is not a situation covered by ..... of debts arising before the commencement of the act would be dealt with under the 1943 act and debts arising after its commencement would be dealt with under the act. no doubt had there been an amendment of the act when the childrens act came into operation there would have been a similar provision governing the .....
Tag this Judgment!Court : Canada Supreme Court
Decided on : Jan-17-2014
..... language the court has used time and again to define the probable cause requisite for an arrest? (w. r. lafave, search and seizure: a treatise on the fourth amendment (5th ed. 2012), vol. 4, at 9.6(a)). as our american colleagues only recently affirmed, however, under terry, œthe police must harbor reasonable suspicion that ..... )). again, chehil makes clear that œreasonable suspicion . . . engages [a] reasonable possibility, rather than probability? (para. 27 (emphasis added)). finally, mann required that an officer œnot be acting solely on a hunch? (para. 41 (emphasis added)). and again, chehil cautioned œhunches . . . will [not] suffice? (para. 47 (emphasis added)). we know of no case that ..... safety of the public or the police is at stake. he acknowledged, however, that this power is limited to situations in which, œin addition to acting within the general scope of their authority, [the police] have no other feasible less intrusive alternative?, and he added that œthe manner of carrying out .....
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