Results.
7 judgments found.
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| December 1968 |
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Provocation unavailable where the alleged unlawful act occurred earlier; appellants convicted for murder as part of a common design.
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Criminal law — Provocation — element requiring unlawful act to occur in presence of person provoked — Provocation inapplicable where act occurred earlier; Criminal liability — Common intention/joint enterprise — lynching and resultant murder; Criminal procedure — Statements from accused in custody — multiplicity of statements undesirable.
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17 December 1968 |
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Tacit acquiescence or mere encouragement does not constitute counselling or procuring under section 21; conviction for receiving upheld.
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Criminal procedure — Appeal grounds — weight of evidence not a proper ground in Court of Appeal; Criminal law — s.21 Penal Code — counselling/procuring requires more than tacit acquiescence or mere encouragement; Accomplice evidence — caution and corroboration; Receiving (s.286(2)) vs principal offender.
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17 December 1968 |
| October 1968 |
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False imprisonment and unlawful deportation under immigration law can attract compensatory and exemplary damages where officials act arbitrarily.
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Administrative law & torts — Court not absolutely bound by own precedents; s.23(1) Immigration and Deportation Act requires notice to specify period and route; false imprisonment by immigration officers; exemplary damages available for oppressive/arbitrary state conduct; state liable for consequential loss of property and livelihood.
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22 October 1968 |
| August 1968 |
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Where no eyewitness shows ignition, the prosecution must exclude accidental causes to prove arson.
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Criminal law — Arson — Circumstantial evidence — In absence of eyewitness proof of ignition, prosecution must disprove any possibility of accidental fire.
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13 August 1968 |
| July 1968 |
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A trial within a trial is not required when the accused denies making a confession; voluntariness challenges do require one.
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Criminal procedure — trial within a trial — repudiated confession versus voluntariness — admissibility of statements — curable irregularity and prejudice assessment.
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23 July 1968 |
| May 1968 |
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Whether an accused must remove suspicion under s.287 or merely give an account leaving reasonable doubt, and whether "possession or conveying" is conjunctive.
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Criminal law — unlawful possession — accused's explanatory burden under s.287 — "give an account" means sufficient to leave reasonable doubt; "possession or conveying" construed conjunctively
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Section 4
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Penal Code — reception of English law as guidance but subject to critical examination; re-enacted words carry prior judicial interpretation
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20 May 1968 |
| February 1968 |
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A brick found at night can be a housebreaking implement; once proven, the accused must prove lawful excuse for possession.
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Criminal law — housebreaking implement defined by common use or particular circumstances; Evidence — prosecution proves possession at night and implement, thereafter accused must prove lawful excuse under s.275(c).
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13 February 1968 |