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Citation
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Judgment date
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| January 2020 |
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Applicant charged with murder failed to prove exceptional circumstances for bail; bail denied.
Criminal procedure – Bail pending trial – Murder charge – Requirement of exceptional circumstances under section 15(3) Trial on Indictments Act – Residual judicial discretion to grant bail in absence of exceptional circumstances – Burden on applicant to present facts beyond ordinary considerations for bail.
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24 January 2020 |
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Bail denied in murder prosecution due to risk of reigniting family land dispute and endangering lives.
Bail pending trial – discretionary nature of bail – presumption of innocence and right to apply for bail (Arts.23(6)(a), 28(3)) – considerations: fixed abode and sureties versus risk to administration of justice and personal safety arising from family land dispute – bail refused in capital offence case.
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24 January 2020 |
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Applicant charged with murder failed to prove exceptional circumstances for bail; bail refused.
Bail pending trial; murder offences (s.188/189 Penal Code); exceptional circumstances requirement (s.15(3) Trial on Indictments Act); judicial discretion to grant bail absent exceptional circumstances; weight of residence and sureties; risk of witness interference/trauma.
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24 January 2020 |
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Applicants charged with murder denied bail for failing to show exceptional circumstances and high risk of absconding.
Criminal procedure – Bail pending trial – Murder charge – Requirement to prove "exceptional circumstances" under section 15(3) of the Trial on Indictments Act; Bail discretion – Court may grant bail absent exceptional circumstances but requires facts beyond ordinary considerations; Consideration of residence and sureties versus risk of absconding/interference with investigations.
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24 January 2020 |
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Bail denied for murder charge due to real risk of absconding evidenced by prior disappearance.
Criminal procedure – Bail pending trial – Murder – Seriousness of offence and maximum penalty as factor – Risk of absconding – prior disappearance and arrest – Hurnam v State of Mauritius applied.
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24 January 2020 |
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Elderly accused charged with murder granted bail upon fixed abode and substantial sureties with specified monetary and reporting conditions.
Bail — constitutional right to apply for bail; Trial on Indictments Act ss.14,15; factors for bail in serious/non-bailable offences — presumption of innocence, fixed abode, substantial sureties, risk of absconding and witness tampering; advanced age considered but not determinative.
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24 January 2020 |
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Applicant charged with murder granted bail based on presumption of innocence, fixed abode and credible sureties with stringent conditions.
Bail — presumption of innocence — Trial on Indictments Act s.14/s.15 — exceptional circumstances not mandatory — fixed abode and credible sureties — stringent bail conditions in serious offences.
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24 January 2020 |
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Accused of aggravated defilement granted bail due to serious HIV illness and adequate sureties, subject to conditions.
Criminal law – Bail pending trial – aggravated defilement – balancing right to personal liberty against seriousness of offence. Bail grounds – exceptional circumstances – serious medical condition (HIV) as factor. Criminal procedure – discretion of court to grant bail despite absence of prison medical report; requirement of fixed abode and credible sureties
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24 January 2020 |
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Applicant charged with murder failed to prove exceptional circumstances; bail denied due to risk to the trial and nature of the offence.
Criminal procedure – Bail pending trial – Capital offence – Requirement to prove exceptional circumstances under section 15(3) Trial on Indictments Act – Residual judicial discretion to grant bail – Burden on applicant to present facts beyond ordinary considerations – Risk of witness tampering and jeopardising investigations.
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24 January 2020 |
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Court refused bail for a murder-accused due to inadequate sureties and risk of retaliation despite presumption of innocence.
Criminal procedure – Bail pending trial – Discretionary nature of bail in serious offences (murder). Bail security – Requirements for sureties: integrity, proximity, ability to ensure attendance; effect of inconsistencies in identity/introductory letters. Risk assessment – Consideration of risk of retaliation, flight, or interference with witnesses when deciding bail. Constitutional principle – Presumption of innocence weighed against reasonable suspicion and public safety in bail determinations
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24 January 2020 |
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Bail denied to the applicant charged with murder due to gravity of the offence and risk of absconding.
Bail pending trial – murder charge – constitutional right to apply for bail (Art.23(6)(a)) – Trial on Indictments Act ss.14 & 15 – factors in bail discretion: gravity of offence, risk of absconding, fixed abode, substantial sureties – foreign flight allegation requires verification.
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24 January 2020 |
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Bail denied where accused's violent conduct and real risk of interfering with family witnesses outweighed bail considerations.
Criminal law – Bail pending trial – Murder charge – Discretionary balancing of constitutional right to bail against public protection and risk of witness interference, especially in domestic-violence contexts; sureties and residence insufficient where risk present.
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24 January 2020 |
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Bail denied for aggravated robbery due to failure to prove fixed abode and high risk of absconding.
Bail pending trial; aggravated robbery; fixed place of abode; risk of absconding; sufficiency of sureties; seriousness of offence and potential sentence.
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24 January 2020 |
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Bail denied for applicant charged with murder due to gravity of offence and significant flight risk.
Bail pending trial; murder charge; presumption of innocence; risk of absconding; gravity of offence; sureties; unexplained circumstances; last seen with deceased.
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24 January 2020 |
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Bail denied because the proposed sureties were inadequate and the seriousness of the kidnap-with-intent-to-murder charge weighed against release.
Criminal procedure – Bail pending trial – Discretionary nature of bail under Article 23(6)(a) – Requirement for substantive sureties (integrity, maturity, geographical/familial proximity). Seriousness of offence – Kidnap with intent to murder – gravity of charge as factor against granting bail
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24 January 2020 |
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Bail granted to first applicant for murder but refused for two others due to inadequate or remote sureties and risk of absconding.
Criminal procedure – Bail pending trial – accused persons have a constitutional right to apply but bail is discretionary; factors: presumption of innocence, fixed abode, risk of absconding, interference with witnesses, adequacy and proximity of sureties
Bail – Sureties – Sureties must be persons of integrity, mature and of close geographic or familial proximity to the accused to be substantial. Criminal practice – Insufficient or geographically remote sureties may justify refusal of bail for fear of abscondment
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24 January 2020 |
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Applicant charged with murder granted bail after showing fixed abode and producing substantial resident sureties.
Bail — constitutional right to apply for bail (Art.23(6)(a)) — Trial on Indictments Act ss.14,15 — factors in bail decision: presumption of innocence, fixed abode, substantial sureties, risk of absconding — grant of bail in murder charge with stringent conditions.
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24 January 2020 |
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Applicant charged with murder granted bail after court found fixed abode and substantial sureties justified release.
Criminal procedure – Bail pending trial – Murder charge – Constitutional right to apply for bail (Art. 23(6)(a)) – Trial on Indictments Act ss.14,15 – Factors: gravity of offence, sentence severity, fixed abode, sureties, risk of absconding – Reporting condition.
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24 January 2020 |
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Applicant charged with murder denied bail due to risk of absconding and inadequate sureties despite prolonged remand.
Bail — Constitutional right to apply; discretion of court under Trial on Indictments Act Sections 14–15; factors: exceptional circumstances, risk of absconding, fixed abode, adequacy of sureties; seriousness of offence (murder) and antecedent conduct (fleeing/hiding).
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24 January 2020 |
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Applicant on murder and aggravated robbery charges failed to prove exceptional circumstances; bail denied.
Criminal procedure – Bail pending trial – murder and aggravated robbery – exceptional circumstances required under s.15(3) Trial on Indictments Act
Bail – discretionary judicial power – applicant bears burden to present facts beyond ordinary considerations to justify bail where no exceptional circumstances are shown. Factors for bail – fixed abode and sureties considered but insufficient where exceptional circumstances not established; risk of abscondment heightened by co-accused conviction
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24 January 2020 |
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An accused charged with murder may be granted bail where a fixed abode and credible sureties mitigate flight risk.
Bail — constitutional right to personal liberty and presumption of innocence (Arts 23(6), 28(3)); Trial on Indictments Act s.14(1)/s.15 — exceptional circumstances not mandatory; fixed place of abode and sound sureties can justify bail; considerations where accused is charged with murder.
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24 January 2020 |
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Employer held vicariously liable for its driver’s negligence; plaintiff awarded special and general damages, interest and costs.
Negligence – duty of care and breach; vicarious liability of employer for employee driver; admissibility and weight of police sketch plans and eyewitness evidence; requirements for pleading and proof of special damages; preliminary objection to ownership/standing.
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23 January 2020 |
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Appellants failed to rebut a valid sale agreement and could not establish customary title; appeal dismissed with costs.
Land law – ownership and trespass – validity and weight of an unchallenged sale agreement; customary/ancestral title proof; locus in quo evidence limited to confirming in-court testimony; administration of estate not convertible into a title defence when unpleaded.
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23 January 2020 |
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The applicant obtained a retrial after the trial court admitted fresh unsworn locus-in-quo evidence and failed proper evaluation.
Civil procedure – appeal – inadequate recording and evaluation of evidence; Evidence – locus-in-quo – improper reception of fresh, unsworn witnesses and independent statements; Miscarriage of justice – retrial de novo ordered; Scheduling conference – agreed documents (Exhibit P1) properly admitted.
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23 January 2020 |
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Applicant confirmed after probation and unlawfully dismissed without fair procedure; awarded general damages.
Employment law – Probation – completion of statutory six-month probation without termination or agreed extension results in confirmation by implication. Employment law – Disciplinary procedure – employer must notify, explain reasons and afford a fair hearing in accordance with the Employment Act and HR policies. Employment law – Unlawful dismissal – procedural unfairness renders termination void and entitles employee to compensation, including general damages where appropriate
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22 January 2020 |
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Non‑citizen foster parent permitted to adopt an abandoned special‑needs child where exceptional circumstances and best interests justify waiver.
Child welfare paramount; inter‑country adoption by non‑citizen in exceptional circumstances; waiver of statutory formalities; best interests of special‑needs abandoned child; S.45(3) female‑to‑male adoption prohibition can be waived.
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22 January 2020 |