Sentences with phrase «original trial judge»

Pistorius sat in a dark suit as original trial judge Thokozile Masipa started hearing pre-sentencing arguments at Pretoria High Court.

The panel of three judges has now concluded that the original trial judge made an error in finding Ford guilty under the Municipal Conflict of Interest Act.

In March 2009 the House of Lords, citing cases from 1802 to 2008, allowed David's appeal, agreeing with the original trial judge that there is no such rule.

Schrenk's position was that the original trial judge had erred and misinterpreted the Code by concluding that all that had been required to establish the Tribunal's jurisdiction was that Mashgoul had been negatively effected in the course of his employment by discrimination on prohibited grounds.

The original trial judge concluded beyond a reasonable doubt that Downey had been «wilfully blind» regarding the nature of what she was transporting into Canada.

Further, defense counsel has stated that the original trial judge arrived at the $ 8,000 restitution sum arbitrarily and did not address Ururyar's ability to may (a necessary requirement in restitution orders).

Because of how the principle of judicial independence is interpreted by courts, the original trial judge in this case could not be asked why it had taken 9 months to reach a verdict, and could not be questioned whether the delay was due to the complexity of the case, the judge's workload, or other personal reasons, such as illness.

The Court of Appeal found that it had been open to the original trial judge to conclude that there were other dispute resolution alternatives available to the employee, and that:

The Court of Appeal concluded that the original trial judge had not made an error in characterizing the dispute:

The original trial judge found that the company had breached the employee's contract by not including the profit from the Ellersie lands transaction in calculating the bonus; however, he did not find that the employee had been constructively dismissed.

However, the original trial judge found that there had been no alteration to any term in the employment contract - for instance, the employee's duties remained the same, and the base compensation remained unchanged.

The original trial judge ultimately concluded that:

In addition to correctly considering the above, the original trial judge had also considered all other relevant circumstances in concluding that there was nothing that could lead a reasonable person in the employee's position to conclude that the company's breach of contract indicated its intention not to be bound by the contract.

The original trial judge found that the structured settlement payments were property and were not excluded under the FLA..

The Court of Appeal found that the original trial judge did not make an error in applying the test, or in concluding that the breach of contract by the employer did not constitute a «substantial alteration to an essential term of the contract» or «an intention not to be bound by the contract».

The original trial judge had informed the jurors that if they found Oland's statement about which jacket he was wearing was an «intentional lie» related to the commission of the murder, they could consider this evidence, along with all other evidence in the case, in making their ultimate decision.

In a 41 - page decision written by Chief Justice Ernest Drapeau on behalf of a three - judge panel, the Chief Justice stated that the original trial judge had erred in his instructions to the jury on an issue of «significant importance.»

It was not appropriate to dismiss this case as the original Trial Judge had not found the pursuer to be fundamentally dishonest.

The Inner House did, however, uphold the original Trial Judge's decision on expenses, finding that the pursuer's «lack of candour» and conduct had extended the length of the Proof and that this should be reflected in an award of expenses to the pursuer's detriment.

Therefore, the figure of # 1,100 that was awarded in damages on account of Mr Jackson's claim by the original trial judge, was not considered excessive as it accounted for the distress and discomfort of the whole family.

The original trial judge said that that previous case, in which the Crown took a case against Wallace Duncan Smith, meant «that the Crown Court had jurisdiction to try the appellants for their conduct because a substantial measure of the activities constituting the crime took place in England,» according to the Court of Appeal.

However, the Supreme Court unanimously dismissed Magmatic's appeal against the Court of Appeal's decision to reverse the original trial judge's finding in favour of Magmatic, in PMS International v Magmatic [2016] UKSC 12.

I still think the original trial judge in Baglow got it right — given the context of a discussion board where everyone was calling everyone else names, and moderate voices were few.

«However, it is important to note that the reason used for the ruling was not the same as that used by the original trial judge.

Although the 5th DCA sent the case back to the trial court, the original trial judge has since announced his retirement (see here).

The original trial judge both failed to consider the best interests of the child and also made a confusing, ambiguous order.