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Citation
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Judgment date
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| December 1970 |
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An accused already in lawful custody need not be re-arrested for additional charges; omission is curable if no prejudice.
Criminal procedure – Arrest – Meaning of "arrest" under s.83(1) – Additional or amended charges while accused is in custody – Curable irregularity where no prejudice.
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11 December 1970 |
| November 1970 |
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Once the Speaker recognises a party leader, he must inform the Assembly and Chief Justice; mandamus may enforce compliance.
Constitutional law – s.65(4) – Speaker’s duty to inform Assembly and furnish Chief Justice upon party-leader notice – recognition of party leader – mandamus against Speaker – parliamentary privilege not a bar.
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24 November 1970 |
| October 1970 |
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A mere false representation unrelated to assumed duties is not personation; bribing officers to refrain from duty is official corruption.
Criminal law — Personation: false representation insufficient; must assume to act or attend for purposes of performing assumed official duties. Criminal law — Official corruption: bribe to dissuade public officer from duty (even under accused's mistaken belief of guilt) constitutes offence under s.79(2). Procedure — Failure to consider drunkenness defence not necessarily a substantial miscarriage where unsupported by evidence.
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23 October 1970 |
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Convictions quashed for failure to record consolidation, explain TICs, and inform the accused of appeal rights.
Criminal procedure — Consolidation of charges — Offences taken into account (TICs) must be fully explained — Mandatory notice of right to appeal under s.197A(3) — Procedural irregularities render convictions unsafe.
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18 October 1970 |
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Improper cross-examination on prior convictions, inadmissible under s.148(f), resulted in quashing the conviction and ordering release.
Evidence — Admissibility of accused's previous convictions under s.148(f) Criminal Procedure Code — exceptions where prior convictions tend to show guilt, where accused attacks witnesses' character, or seeks to establish own good character — court discretion to exclude where prejudicial effect outweighs probative value — improper cross-examination; conviction quashed.
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16 October 1970 |
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A magistrate may award costs against the State where the prosecution lacked reasonable grounds and failed to prove licence‑holder's privity.
Criminal procedure – Costs against the State – s.160 Criminal Procedure Code – magistrate must be satisfied no reasonable grounds existed – may ask prosecutor to state facts; Liquor licensing – s.42(1) – requirement of privity (knowledge and concurrence/consent) to convict licence-holder.
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9 October 1970 |
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Sudden mechanical failure causing loss of control negates 'driving' for dangerous-driving liability absent proof otherwise.
Roads and road traffic – Dangerous driving – Sudden mechanical defect/tyre puncture causing loss of control – Not 'driving' if deprived of control – Need for appropriate expert evidence to rebut mechanical-defect defence – Causation and reasonable doubt.
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2 October 1970 |
| September 1970 |
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Violence must be used with intent to steal for robbery; a later decision to take the property amounts to theft.
Criminal law – Robbery – Violence must be used with intention to obtain or retain property – Distinction between robbery (s. 262) and theft (s. 243) – temporal gap negates intent to steal.
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25 September 1970 |
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A Class III magistrate’s sentence exceeding jurisdiction requires High Court confirmation of the entire sentence; sentencing requires consideration of value, antecedents and plea.
Criminal procedure – Confirmation of magistrates' sentences – Where a Class III magistrate exceeds jurisdiction the entire sentence requires High Court confirmation; sentencing considerations include value of subject matter, antecedents, plea and prevalence of offence.
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22 September 1970 |
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Failure to comply with s.26A(1)(a) and (b) time limits renders continued detention unconstitutional and unlawful.
Constitutional law – detention – s.26A(1)(a) and (b) – furnishing written grounds within 14 days and Gazette publication within one month – mandatory constitutional conditions subsequent – failure renders continued detention unlawful.
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14 September 1970 |
| August 1970 |
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An alleged police 'confession' is unreliable without exact words; admissions excluding a defence are not confessions.
Evidence — Confession: exact words or written statement should be produced; mere admission of striking is not a confession if it omits claimed self-defence; magistrate's reliance on unproved confession amounts to misdirection; absence of medical evidence affects assessment of injury and sentence.
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20 August 1970 |
| July 1970 |
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Convictions quashed where charge particulars omitted essential statutory locus "within ten miles of the line of rail".
Criminal law — Particulars of charge — omission of essential ingredient (statutory locus "within ten miles of the line of rail") — defective charge discloses no offence — guilty plea should not be accepted without amendment — amendment under s.300(1) / s.323 CPC not available to cure fundamental defect.
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24 July 1970 |
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Director held personally liable where company cheques omitted the statutory suffix "Limited".
Company law – requirement to use full registered name (ending with "Limited") on company seal and on bills, cheques and similar documents – director’s personal liability for issuing or authorising instruments lacking full company name – Companies Ordinance ss. 8(1)(a), 80, 81 – cheque dishonour and liquidation.
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23 July 1970 |
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A marriage without a Registrar's certificate is void only if both parties knowingly and wilfully acquiesced.
Family law – Marriage validity – Marriage Ordinance s.32(2) – Effect of absence of Registrar's certificate or special licence – Requirement of knowing and wilful acquiescence by both parties for nullity.
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21 July 1970 |
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Whether the State is vicariously liable for soldiers' assault and for an officer's negligent failure to control them.
Tort — Vicarious liability — Scope of employment — personal/exterior motive breaks master-servant liability; Duty of care — commanding officer’s negligent supervision — State vicariously liable (cf. Dorset Yacht).
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13 July 1970 |
| June 1970 |
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Inadequate Judge Advocate summing up at court-martial constitutes a mistrial; appeal allowed and accused acquitted.
Criminal law — Court-martial procedure — Duty of Judge Advocate to sum up evidence (Defence Force (Procedure) Rules r.63) — Failure to summate on evidence — Mistrial — Appellate court inability to apply proviso.
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17 June 1970 |
| March 1970 |
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The respondent who placed an inadequately maintained, poorly visible vehicle on the highway was liable for the accident.
Tort—Negligence; liability for bringing an abnormal highway hazard by operating a poorly maintained, poorly visible vehicle at night—contributory negligence where collision with unlit or obscured obstruction; foreseeability of risk.
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25 March 1970 |
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Proviso reducing damages by workmen's compensation applies only to injury; customary-law wife qualifies under the Fatal Accidents Act.
Conflict of statutes – Law Reform Act s.13 vs Workmen's Compensation Ordinance s.8(1); "assess" v "award"; proviso to s.8(1) applies only to injury, not death; customary-law marriage — widow entitled under Fatal Accidents Act.
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4 March 1970 |