The victim surcharge payment order is also rescinded, and if monies were paid by the appellant, they are to be returned to him forthwith. |
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It does not follow, if this legislation is struck down, that the appellant can get away with biting people. |
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The appellant was adamant that he had fled and left Burma on the same date, namely 5 August. |
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The tape of the police interview of the appellant was to be transcribed, agreed, filed and served. |
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The jury could accept the admissions made by the appellant in the course of the interview with police officers. |
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That, of course, does not mean that the appellant was guilty of contributory negligence. |
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The appellant pleaded guilty to an offence of possessing a prohibited weapon. |
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Do I find in the appeal book the folio which is said to record the estate or interests of the appellant? |
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There was no significant forensic disadvantage to the appellant caused by delay. |
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The arresting officer took the appellant to a mobile police cube van for breath tests. |
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The letter also contained references to drugs and matters that would have been prejudicial to the appellant. |
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The emphasis of the defence case was that the appellant had stabbed the deceased accidentally whilst acting in self defence. |
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The deceased remained with her parents, where the appellant also stayed from time to time. |
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At the time of the offences the appellant was either in custody on remand or as a serving prisoner. |
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At the time he saw the probation officer the appellant was still seeking to suggest that the victim was a consenting party. |
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Accordingly, there is no evidential basis upon which the appellant can assert that this is not an available alternative location. |
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The argument then adverts to the fact that the appellant does not dispute that EHT is exigible in respect of the commercial drywallers. |
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The court has accepted that the appellant was convicted on the compelling evidence that was placed before the jury. |
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They are identified compendiously as the first appellant and he is identified as the second appellant. |
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Certainly, the appellant does not bear any moral, as distinct from legal, responsibility for what occurred. |
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Accordingly, the Respondent decided that the bank did not owe the appellant any money in unsettled bills. |
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The Appeals Chamber may dismiss the appeal, or acquit the appellant, or order that the accused be retried, or change the sentence. |
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The appellant asserts that the building was uninhabitable when he moved in, and that to return it to that state would be a retrograde step. |
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It had not been suggested by the appellant that there had been intentional infliction on him of pain by a public official. |
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When the justices purported to commit the appellant on these informations, they were doing something which in law they had no power to do. |
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It is not to the point that the appellant was unco-operative or even unreasonable. |
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It follows, in my judgment, that this evidence was rightly admitted and the appellant was rightly convicted. |
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The officer asked the appellant to get out of the vehicle, and noticed he was unsteady on his feet after getting out. |
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In the event, no evidence was given by the complainant or the appellant about these matters. |
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In any event the appellant does not know whether anyone was apprehended in relation to the attack or not. |
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It is important to note that the postponements or adjournments were all with the consent of the appellant, as we have already observed. |
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That company went into liquidation and she and the appellant then decided to market such a course themselves. |
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So it was the one act of the appellant that attempted to take possession of the drugs. |
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At the inquiry the appellant stated that she was a Romany Gypsy who had travelled all her life. |
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This is not a case where the first appellant was negligent in the conduct of the operation. |
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The site lies within the urban area and the appellant states that there is therefore a presumption in favour of development. |
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The appellant was not under arrest or detention at the time the question was asked. |
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In those circumstances the request for a breath test was valid and the appellant was properly arrested. |
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After putting certain further questions to the appellant, the judge ruled that he had waived privilege. |
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In that case the appellant had been convicted of assault occasioning actual bodily harm by harassing his female victim. |
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The judge made a finding that the appellant was negligent because he threw a ball for his dog close to where the respondent was standing. |
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His description of the height and build of the person does not conform to the height and build of the appellant at the relevant time. |
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Although the appellant is a Punjabi, the Punjabi people are to be found all over India, not to speak of all over the world. |
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The appellant was 51 years of age at the time and an English instructor at a local college. |
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Nor will it assist the appellant if it falls within the first class, since he was not the original covenantee. |
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He took a blood specimen from the appellant and the specimen was divided into two samples. |
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The appellant was sentenced to a concurrent term of 5 years for the lesser offence of simple wounding. |
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I have considered whether the appellant provided a credible account of events and was a credible witness. |
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I regret to say that I did not find the appellant to be a credible witness at all. |
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At the same time the appellant purchased two non-refundable, non-transferable air tickets. |
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The lack of credibility regarding the central issues in this claim have caused me to doubt the truthfulness of the appellant. |
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Following a lengthy hearing the appellant was committed for trial and the present indictment was preferred. |
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Did the evidence prove that it was the appellant who injected the deceased? |
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It is basically for this reason that the appellant claims that the payments to him were gifts and did not attract tax. |
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I am not satisfied that the appellant has any reasonable chance of success if allowed to proceed with the appeal. |
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Several bystanders witnessed the incident and said that the appellant appeared calm afterwards. |
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As the recitals to the Policy make clear, the appellant by virtue of the Policy is entitled to be a member of the Society. |
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Could a reasonable bench of justices, properly directing themselves, have held on the evidence that the appellant had. |
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There were three counts in the indictment of which the appellant was convicted on two. |
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The appellant is not entitled to jobseeker's allowance from and including 1 June 1999 to 13 June 1999 inclusive. |
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He said he had compiled his notebook and recorded the admission that the appellant had hit the postman at 7.45 pm that night. |
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The deceased was last seen and heard of when he said he was going to meet the appellant. |
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In passing sentence the judge said that the appellant had an appalling record. |
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It is submitted by Sir Derek Spencer on behalf of the appellant that the Recorder of London was wrong to rule as he did. |
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We are satisfied that by acting in this way the judge provided the necessary safeguard to protect the possible interests of the appellant. |
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I am not satisfied to the appropriate standard of proof that this appellant is of Eritrean ethnicity. |
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That the appellant notary acted in accordance with the then general notarial practice does not seem to be contested. |
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Inconsistencies between the account given by the appellant and that given by Sharpe are also relied on. |
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For all these reasons, we consider that the jury's verdict in respect of this appellant was safe, and that her appeal must be dismissed. |
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We were satisfied on this evidence that the sample was taken from the appellant with his consent by a medical practitioner. |
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I accept of course that the appellant and her family like many Tamils in the north of Sri Lanka have been affected by the conflict in Sri Lanka. |
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We have 14 days in any case, but the position is that the appellant must ask the law court for permission to extend that time. |
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We ruled that the appellant could and should call him and, in the first instance, adduce whatever evidence he now wished to give. |
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The appellant had no record for offences of violence or of a sexual nature. |
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The trial judge found that the appellant was unresponsive at times to English statements made by the police officers. |
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Those events occurred in court before Reynolds had provided a statement to the police of his knowledge of the activities of this appellant. |
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The appellant was informed that he had been clocked at 97 kilometers in a 50 kilometer per hour zone. |
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However, before the appeal against sentence could be relisted, the appellant absconded from prison and remained at large. |
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I have accepted that the appellant was detained and assaulted whilst in detention. |
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On the following day the appellant was arrested and he then made a full and frank admission. |
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At the outset, the appellant applied for permission to have a mobile home on the land. |
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The appellant gave evidence insisting that he had no involvement in any of the hangings. |
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There had been an opening made by senior counsel for the appellant which disclosed certain aspects of the defence case. |
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The women turned to face the pit and the appellant mowed them down with the machine gun. |
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The question was the extent to which the Court could look at the uncharged conduct which was not denied in sentencing the appellant. |
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The confession made by the appellant on the morning of the murder, when he was calm, sober and explicit, stands uncontradicted. |
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The appellant was walking towards her on the side of the roadway but near the edge of the bitumen carriageway. |
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She gave a description of the robber which described him as being broad shouldered and stocky, which the appellant was not. |
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The adjudicator surmises that if the appellant were in detention the police would not be searching for him. |
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The officer in charge strip-searched the appellant prior to lodging her in a cell. |
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The appellant did not testify and no evidence was called on behalf of the defence. |
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Finally, it is also pertinent to note that the admission was never put to the appellant during his subsequent interview under caution. |
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There was no forensic advantage to the appellant by not having a warning in this case. |
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It is plain to me that there is a sufficiency of state protection available to this appellant should she be returned to Albania. |
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There is, however, the additional finding that the appellant was suggestible and compliant to an abnormally high degree. |
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There is no suggestion, never mind evidence, that the appellant pleaded guilty only to at a stage where he felt he was in a position to do so. |
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The respondent owed the appellant only the ordinary general duty of care owed by an occupier to a lawful entrant. |
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Her evidence was that as they walked in the park, the appellant steered her off the footpath onto the grass. |
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Under the agreement the appellant was entitled to paid annual leave but not to sick pay. |
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Yes, I accept that, but the test really is whether the appellant lost a fair chance of acquittal reasonably open to him. |
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The order should be expressed in simple terms, easily understood even by those who, like the appellant, are not very bright. |
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He believed the complainant, disbelieved the appellant saying his evidence did not raise a reasonable doubt. |
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The appellant was no stranger to her since the former worked as a furniture varnisher for a neighbor. |
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It prohibits the appellant from entering on the property of the specified persons for any reason whatsoever. |
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Our case speaks in terms of evidence of identification being excluded if it would be unfair or if it was undertaken unfairly to the appellant. |
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The appellant was a domestic employee in the hospital, whose duties included such tasks as taking water to the patients. |
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The conviction was based on the evidence of eyewitnesses, none of whom saw the knife in the hands of anyone but the appellant. |
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On 12 th July, 2004, the appellant was granted permission to appeal and a stay of execution. |
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She never saw any sign of abuse and the appellant appeared to be a loving, caring mother. |
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Approximately a year previously the appellant had been cautioned for a minor indecent assault on an 11 year-old boy. |
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The appellant became very upset and was screaming and yelling in the cell block. |
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The jury had every opportunity to assess the credibility of the witnesses, both complainants and appellant. |
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Compromise and concession can be difficult for the appellant and the court had many concerns about his veracity. |
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While there is nothing significant about the circumstances in which the appellant lost his liberty in that case, the facts are very different from here. |
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Why is it not defamatory and why could not the appellant have recovered, in New South Wales, aggravated damages by reason of the psychiatric harm that she said she suffered? |
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Mr Beresford copied this letter to the appellant on 12 August. |
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Particularly in view of the attitude that the appellant adopted during his interviews with the police, he is only entitled to a modest discount for his plea. |
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The appellant was unable to subpoena the necessary witnesses. |
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The appellant had no other legitimate purpose for making the claim. |
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The appellant was charged on an indictment containing 25 counts. |
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While the appellant testified the complainant had been snuffling, she testified she was crying because he had intimidated her to the point of exhaustion, frustration and fear. |
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Indisputably an appellant solicitor or counsel can conduct his own appeal. |
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This condition was caused by taking insulin and failing to eat which gave rise to a deficiency of blood sugar causing the appellant to be unaware of what he was doing. |
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The final point on which the judge found against the appellant was that the claim the appellant was making was in effect that of the bank and not her claim. |
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In an opinion as to the prospects of an appeal, Mr Birnbaum QC, who defended the appellant at trial, stated that the summing up afforded no grounds for criticism. |
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As it is, we are not persuaded that the questioning of the appellant overstepped the proper limits, even if it exploited those limits to the full. |
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However, that is not the reason that this appellant fears persecution. |
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The evidence of the appellant and the other driver differed as to their conversation at the appellant's home, the appellant's version being not inculpatory. |
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The appellant knew how he had behaved towards the complainants. |
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The appellant now appeals against sentence by leave of the single judge. |
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Well, it was raised by the appellant rather late in the day, your Honour. |
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The appellant denied that he forced himself upon the complainant. |
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Then he went on to talk about the length of time that the Crown Prosecutor had cross-examined those witnesses who had been called by the appellant. |
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A careful consideration of all the relevant objective evidence indicates to us that the present conditions pose no risk on removal to persons like the appellant. |
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Whilst in custody the appellant said in conversation that although she had the knife and did stab the driver they had only intended to rob him and not to kill him. |
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But she also said that the appellant always seemed to have come off worse. |
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The appellant never himself gave evidence to support the alibi. |
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If there was a material difference between the treatment of the appellant and his comparators, were the chosen comparators in an analogous situation? |
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The trial judge was alert to the conflict in the evidence as to what took place after the appellant exited his vehicle and arrived at the police cruiser. |
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He concluded that in this case, given what occurred and who the appellant was, a discharge was not a sufficiently severe sentence and a fine was more appropriate. |
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The appellant resat her finals and was awarded a third class degree, which is not good enough for the further career options which she wanted and still wants to pursue. |
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That afternoon the Corporal spoke again to the appellant on the telephone. |
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The appellant applied for judicial review to quash this decision. |
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On the first, if the appellant is right, he is entitled to an acquittal. |
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The appellant met all three complainants in turn on that beach. |
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Counsel for the Member of Parliament yesterday attempted to guillotine the judgement passed on the appellant suggesting that his client had been given a raw deal. |
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At his trial counsel for the appellant challenged the admissibility of evidence in the form of computer printouts of telephone conversations made from a hotel. |
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The police did not want him to appear for the appellant, he said. |
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The principal authority on which we rely for that view is conveniently set out in the bundle of materials that the appellant has provided to the Court. |
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When it came to the defence case the appellant was simply called and asked to confirm on oath that the statement under caution she had made to the police was true. |
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The Crown had to take that statement as a whole so that the version of facts that it contained at once implicated and tended to exculpate the appellant. |
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Some of these difficulties melded or contributed, in some respects, to some of the behaviour exhibited by the appellant in relation to his contacts with the complainant. |
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Miss Dobbin submitted that the question for this court is whether, by reason of the passage of time, it would be unjust or oppressive to extradite the appellant. |
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It is that the appellant has already been subjected to, if not double jeopardy, at least the inconvenience and anxiety of more than one proceeding. |
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He said that the account that had been given, particularly to the doctors at the hospital, did not square with the account given by the appellant. |
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It is clear from the affidavits of counsel who appeared for the appellant at his trial that considerable efforts were made to assemble expert evidence for the defence. |
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In very rare cases, the court may not call on counsel for the appellant and instead calls directly on counsel for the respondent. |
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In R v Dawson, a petrol station attendant with a weak heart died of heart failure when the appellant attempted a robbery of the station. |
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Rather, courts generally require an appellant to execute a supersedeas bond or provide other security before granting a stay. |
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The High Court held that this had substantially prejudiced the appellant and constituted a fundamental breach of natural justice. |
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An appellatory libel ought to contain the name of the party appellant. |
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As well, in some cases, the court may not call on counsel for the respondent, if it has not been convinced by the arguments of counsel for the appellant. |
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The appellant argued that instead of considering the final provocation, the jury should have considered the events over the years leading up to the killing. |
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In addition to obtaining leave to appeal, an appellant also had to obtain a certificate from the lower court stating that a point of general public importance was involved. |
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