In the Supreme Court of Judicature Court of Appeal (criminal Division) on Appeal from Cleantown Crown Court

IN THE SUPREME COURT OF JUDICATURE COURT OF APPEAL (CRIMINAL DIVISION) ON APPEAL FROM CLEANTOWN CROWN COURT BETWEEN: R (on the prosecution of the Environment Agency) and LUCKLESS LIMITED SKELETON ARGUMENT ON BEHALF OF LUCKLESS LIMITED

Criminal law and HIV non-disclosure.

 In addition, the courts also examine previous court decisions that applied and interpreted the Criminal Code in cases with similar facts and issues as the case at hand. This is called “case law” or “precedent.” Judgments from the Supreme Court of Canada are the most authoritative source of case law. They are binding in every other court in Canada (meaning, subsequent judgments must follow the...

Quasi-Judicial Authorities Investigating Violations in the Provision of Health Care Services

Patients are the main consumers of health care services and among the most vulnerable social classes. They are in a special situation because of the physical and emotional stresses caused by the illness as well as the financial burden of medical services. In contrast, the advancement, diversification and specialization of health care services have led patients to face a group called "health car...

Mandamus as a Remedy for the Denial of Jury Trial

The Supreme Court has consistently stated that federal appellate courts may issue the writ of mandamus as an interlocutory remedy only under "extraordinary" circumstances," to correct a lower court order that is "not mere error but usurpation of power."2 The Court has explained that mandamus cannot serve as a substitute for normal appeal and should be available "only where appeal is a clearly i...

Environmental Tribunals as a Mechanism for Settling Disputes

* Chairman, National Environment Tribunal, Kenya. Former Director, UNEP. This paper draws from earlier papers on past colloquia in Kenya, two for High Court Judges (January and April 2006) and one for East Africa: the Court of Appeal Judges for Kenya, Tanzania and Supreme Court and Court of Appeal, Uganda. I acknowledge the research and other contributions of Judy Gitau of Kaniaru & Kaniaru Adv...