Results.
18 judgments found.
|
|
|
| December 1970 |
|
|
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.
|
11 December 1970 |
| November 1970 |
|
|
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.
|
24 November 1970 |
| October 1970 |
|
|
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
|
23 October 1970 |
|
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.
|
18 October 1970 |
|
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.
|
16 October 1970 |
|
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.
|
9 October 1970 |
|
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.
|
2 October 1970 |
| September 1970 |
|
|
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.
|
25 September 1970 |
|
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.
|
22 September 1970 |
|
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.
|
14 September 1970 |
| August 1970 |
|
|
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.
|
20 August 1970 |
| July 1970 |
|
|
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.
|
24 July 1970 |
|
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.
|
23 July 1970 |
|
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.
|
21 July 1970 |
|
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)
|
13 July 1970 |
| June 1970 |
|
|
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.
|
17 June 1970 |
| March 1970 |
|
|
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.
|
25 March 1970 |
|
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.
|
4 March 1970 |