Results.
7 judgments found.
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| December 1964 |
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Counsel must call supporting evidence—usually the accused—when alleging police brutality to obtain a statement; unsupported allegations are improper.
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Voluntary statements — allegations of police brutality to extract confessions — trial within a trial — duty of defence counsel to call supporting evidence (usually the accused) when making serious allegations against police.
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7 December 1964 |
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An appellate court may overturn judge-alone factual findings if the conviction is not justified and eyewitness evidence is unreliable.
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Appellate review of findings by judge alone — re-hear and weigh evidence — deference to demeanour but not infallible — when to overturn: misdirection, failure to benefit from seeing witnesses, collateral untruths — unreliable eyewitness identification of minors may render conviction unsafe.
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5 December 1964 |
| September 1964 |
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Where a witness present in court is not called by the Crown, the defence must investigate; prosecution need not produce that witness's statement.
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Criminal procedure — Prosecution disclosure — Extent of duty to furnish statements of witnesses interviewed but not called; when a witness is present in court and available to defence, prosecution need not produce the witness's statement.
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22 September 1964 |
| August 1964 |
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Possession initially excused for self-defence can become unlawful if the possessor changes occasion and uses the weapon to attack.
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Criminal law — possession of offensive weapons — interpretation of "has with him" and "reasonable excuse" under s.72A(1) — subjective purpose and objective reasonableness — change of occasion and purpose can vitiate an initially lawful excuse — R v Jura distinguished.
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18 August 1964 |
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Counsel properly may concede there are no arguable grounds; appeal dismissed where eyewitness ID and evidence are overwhelming.
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Duty of counsel to client and to the court; obligation to examine record and not advance frivolous points; counsel may properly concede absence of arguable grounds; eyewitness identification in daylight; appeal dismissed.
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18 August 1964 |
| July 1964 |
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Admissibility of confessions depends on proven voluntariness, not mere breach of the Judges' Rules.
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Criminal procedure — Voluntary confessions — Judges' Rules as administrative guidance — admissibility determined by proven voluntariness — custody and prolonged questioning as possible inducements — judicial discretion to exclude unfairly obtained statements.
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21 July 1964 |
| March 1964 |
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Evidence of intoxication must be considered in assessing murderous intent; failure led to substitution of manslaughter and sentence.
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Criminal law — Intoxication as a defence — Section 14(4) Penal Code — Intoxication to be considered with other evidence when assessing intent for murder — Director of Public Prosecutions v Beard read in light of Broadhurst v Reginam — failure to consider intoxication may reduce murder to manslaughter.
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17 March 1964 |