Results.
5 judgments found.
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| September 1968 |
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Foreign exchange control requiring payment into a blocked account does not discharge an English-law obligation to pay sterling in London.
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Contract law — supervenient foreign exchange control — lex loci solutionis England — payment into blocked account not discharge; Accord and satisfaction — obligee's consent required; Summary judgment — no triable issue where defence legally unarguable; Jurisdiction — defendant resident/submitted; Equity — resulting trust to prevent double payment.
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26 September 1968 |
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Intention is essential in s.58E prosecutions; intoxication and nondisclosure of inconsistent statements can render a conviction unsafe.
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Criminal law — s.58E Penal Code (insulting the President) — intention is essential; mens rea must be proved beyond reasonable doubt; voluntary intoxication relevant to mens rea; no immunity for Intelligence Service witnesses; prosecution’s duty to call witnesses fairly and to disclose prior inconsistent statements (Mpofu principle); court may call witnesses if prosecutor fails to do so.
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18 September 1968 |
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Convictions quashed for procedural omission and because wounded animals killed by game officers are not "Government trophies."
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Criminal procedure — omission to call defence witness — conviction vitiated; Fauna Conservation Ordinance (Cap.241) — s36 "person" excludes requiring a game officer to report to himself; s35 "Government trophy" does not include wounded animals lawfully killed by game officers; implied authority under s28 to kill wounded animals.
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13 September 1968 |
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A magistrate is functus officio after announcing a final decision; any subsequent rescission and retrial is ultra vires.
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Criminal procedure — Magistrate functus officio — Magistrate's attempted rescission of final decision ultra vires — Convictions and sentences entered after unlawful rescission are nullities; prosecution may retry.
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13 September 1968 |
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Undertaking medical treatment imposes a duty of skill and care; gross negligence in dosing causing death amounts to manslaughter.
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Criminal law — duty of care when undertaking medical treatment (s.190 Penal Code) — culpable negligence construed by English law (s.4) — Bateman test applied — negligent administration of overdose causing death constitutes manslaughter (s.176).
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6 September 1968 |