Results.
16 judgments found.
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| December 1970 |
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A military commander owed a duty to prevent foreseeable harm by soldiers; failure to control them amounted to negligence.
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Tort — Negligence — Duty of care of commanding officer over soldiers — Foreseeability of harm from soldiers' misconduct — Vicarious liability — Dorset Yacht analogy — Reasonable person standard; res ipsa loquitur noted.
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23 December 1970 |
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An appellate court may not increase a magistrate’s sentence beyond the magistrate’s statutory jurisdiction.
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Criminal law — Appeal — Sentence enhancement — Whether appellate court may impose a sentence exceeding the trial magistrate’s jurisdiction — Magistrate’s power to remit accused for sentence to higher court.
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16 December 1970 |
| October 1970 |
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Procedural failures—unclear consolidation, uncommunicated TICs, and failure to inform of appeal rights—rendered the convictions unsafe; retrial ordered.
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Criminal procedure — consolidation of charges must be recorded — offences taken into account (TICs) must be fully explained to accused — duty to inform accused of right to appeal (s.197A(3)) — procedural irregularities rendering convictions unsafe.
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18 October 1970 |
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Failure to record a statutory finding for a juvenile renders a reformatory order a nullity and it is quashed.
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Juvenile law — admission of guilt — mandatory recording of finding of guilty and order under s.66 Juveniles Ordinance — failure renders proceedings a nullity — reformatory order quashed; no retrial ordered due to delay and excessive sentence.
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14 October 1970 |
| July 1970 |
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Amending a charge mid-trial without re-pleading renders the trial a nullity; accused must be re-pleaded and warned of recall rights.
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Criminal procedure — Amendment of charge during trial — Failure to obtain plea to amended charge — Trial without plea a nullity — Right to recall prosecution witnesses for cross-examination.
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22 July 1970 |
| June 1970 |
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Money seized but not retained in compliance with Regulation 35(3)(b) does not become State property; forfeiture improper.
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Exchange control — Regulation 35(3)(b) — seizure and retention of money — statutory notice and refund obligation — non-compliance prevents money becoming State property — forfeiture inappropriate.
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17 June 1970 |
| May 1970 |
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Failure to produce an accused's exculpatory statements in recent possession cases can vitiate the conviction.
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Criminal law — Recent possession — Explanation by person found in possession is crucial — Duty of police and prosecution to produce all statements taken from an accused, whether favourable or adverse — Omission may vitiate conviction.
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13 May 1970 |
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Non-disclosure of an accused's exculpatory police statement vitiates a conviction for recent possession.
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Criminal law — Recent possession — Duty of police/prosecution to produce all statements taken from accused, including exculpatory statements; selective disclosure may render conviction unsafe; proviso inapplicable where nondisclosure misleads trial court.
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13 May 1970 |
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"Have regard to" in s.9(1)(a) requires adjustment, not mandatory full deduction, of statutory compensation from third-party damages.
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Workmen's Compensation — s.9(1)(a) proviso "have regard to" — interpretation does not require literal deduction of whole statutory compensation from damages against third parties; distinction from s.8 (actions against employer); statutory minimums (s.59) may overcompensate — courts must adjust common-law awards to avoid double recovery; assessment and detailing of damages.
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13 May 1970 |
| April 1970 |
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If missing funds cannot be attributed to specific receipts, prosecution must not bring multiple overlapping deficiency charges.
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Criminal law — Theft by public servant — Failure to account for multiple receipts — Where missing balance cannot be attributed to particular receipts a general deficiency is the proper charge; prosecution may not allege multiple overlapping deficiencies for the same period.
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15 April 1970 |
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Where multiple receipts form one accountable total and attribution is impossible, prosecution should charge a general deficiency, not overlapping counts.
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Criminal law — theft by public servant — receipts of multiple sums forming a single accountable total — where attribution to particular receipts is impossible, charge a general deficiency; improper to charge overlapping general deficiencies for same period.
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15 April 1970 |
| February 1970 |
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Conviction under s.287 improper where goods were known stolen; substitution for theft or receiving was not permissible.
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Criminal law — Possession of goods suspected to be stolen (s.287 Penal Code) — Inapplicable where goods are known to be stolen — Substitution of offences precluded by prior acquittal and lack of evidence for receiving.
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25 February 1970 |
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When facts disclose aggravated robbery, police must charge accordingly and magistrates must commit; sentence raised to three years.
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Criminal law — Aggravated robbery — Police improper to lay lesser charge to secure subordinate court jurisdiction — Magistrate should convert to committal proceedings when facts disclose aggravated offence — Sentence substituted to statutory maximum for magistrate’s jurisdiction.
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20 February 1970 |
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Magistrates must convert plainly aggravated robbery cases to committal proceedings; police must not charge lesser offences to secure jurisdiction.
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Criminal procedure — aggravated robbery clearly disclosed by facts — magistrate must convert to committal proceedings; police must not prefer lesser charges to obtain jurisdiction; sentence substituted for inadequacy.
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20 February 1970 |
| January 1970 |
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Omission of the essential intent element from charge particulars renders conviction invalid and unrescuable on appeal.
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Criminal law — Charge particulars — Omission of essential ingredient (intent to commit felony) — Charge discloses no offence — Defect material and incurable on appeal (Penal Code ss. 271, 352).
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14 January 1970 |
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An appellate court must follow prescribed procedure before admitting fresh evidence; late objections are barred where the State did not promptly object.
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Criminal procedure — Appeals — Admission of fresh evidence on appeal — Proper procedure under s.305(1) Criminal Procedure Code — Affidavit and service on Attorney‑General with one‑week period for observations — appellate court must record reasons and take or direct evidence — failure to object promptly bars late complaint.
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14 January 1970 |