Results.
8 judgments found.
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| December 1967 |
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Voluntary intoxication cannot make a drunken mistaken belief reasonable nor broaden provocation to reduce murder to manslaughter.
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Criminal law — Intoxication (s.14) — its role in proving intent; Provocation (ss.182–183) — objective ordinary-person test, suddenness and proportionality; Mistake (s.11) — honest and reasonable belief; voluntary intoxication cannot broaden provocation or render a drunken mistake reasonable.
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18 December 1967 |
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Court clarifies burdens and standards for insanity/intoxication defences under Penal Code ss.13–14; appeal dismissed.
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Criminal law — Insanity and intoxication defences — Burden and standards of proof under Penal Code ss.13 and 14 — Court’s duty to consider evidence of intoxication — Intoxication may negate knowledge or intent.
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12 December 1967 |
| October 1967 |
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Knowledge that loaded firearms are carried during a burglary can make a participant guilty of murder; ignorance may absolve others.
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Criminal law — Murder — Felony killing in course of burglary — Common intention (s.22) — Deemed malice where felony committed by force of arms (s.180(c)) — Knowledge of firearms crucial to liability.
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10 October 1967 |
| August 1967 |
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A document lacking a lease commencement date does not purport to be an agreement for lease and is not registrable under the Ordinance.
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Land registration — meaning of 'purporting' under section 4(1) — Registrar to assess facial resemblance — agreement for lease requires parties, property, term length, rent and commencement date — a document lacking commencement date does not purport to be a lease — section 6 extension unavailable for non-registrable instruments.
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21 August 1967 |
| July 1967 |
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Trial judges must consider any defence reasonably supported by the evidence; preliminary inquiry depositions are not part of the appeal record.
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Criminal procedure — Duty to consider defences supported by evidence though not raised by accused; Provocation — when assault evidence may reduce murder to manslaughter; Appeal record — preliminary inquiry depositions not automatically part of record; direction for transcript inclusion.
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11 July 1967 |
| June 1967 |
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Court held Order 16 permits discretionary amendment but obliges amendment only when necessary for a fair trial; late, unpleaded negligence claims denied.
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Civil procedure — Amendment of pleadings (High Court Rules, Order 16, r.1) — Court's discretion to amend; obligation to amend only where necessary to ensure fair trial or to identify real issues — Evidence at trial does not automatically oblige amendment — Late amendment on appeal refused where prejudice and need for further evidence or new trial would result.
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14 June 1967 |
| January 1967 |
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On a robbery charge, assault may be substituted under s.168(1) if the major offence contains the lesser and particulars gave notice; s.168(2) requires cognateness and fair opportunity.
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Criminal law — s.168 Criminal Procedure Code — substitution of minor offence where major contains the lesser — s.168(1): minor offence included in major and particulars give notice — s.168(2): minor must be cognate and accused must have fair opportunity to defend — procedural safeguards to avoid unfairness when convicting on uncharged alternative.
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17 January 1967 |
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Whether repeal of an immigration exemption deprived the respondent of an accrued immunity from deportation; court held it did not.
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Constitutional law — accrual of rights; Interpretation and General Provisions Ordinance s14(3)(c) saves accrued statutory rights on repeal unless contrary intention appears; deletion of Immigration Act s13(1)(e) did not extinguish accrued immunity from deportation; statutes encroaching on liberty construed strictly; scope of constitutional reciprocity (s10(1)) and whether foreign immigration law is imported (judges divided).
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10 January 1967 |