Results.
12 judgments found.
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| December 1935 |
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Appeal dismissed: prohibition power to ban imported books held valid; no unlawful interference with religious liberty.
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Penal law — s.53F power to prohibit importation of books — scope not limited to seditious publications; Ordinance drafting and Royal Instructions — no unlawful intermixture; Proclamation by Governor in Council valid; limits of repugnancy to English law; freedom of religion claim not established.
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31 December 1935 |
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Conviction under s.287 requires evidence of reasonable suspicion; charges must specify possession or conveying and stolen or unlawfully obtained.
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Penal Code s.287 — possession or conveying of property reasonably suspected of being stolen or unlawfully obtained — requirement of evidence showing reasonable suspicion; charge drafting — must plead either “possessing” or “conveying” and either “stolen” or “unlawfully obtained” (disjunctives not to be combined) — Criminal Procedure Code s.169 does not permit substitution of charge during trial — reasonable explanation by accused can negate conviction.
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31 December 1935 |
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Police and Public Prosecutor must decline prosecutions lacking realistic prospects of conviction; courts cannot order prosecutor to pay accused's costs.
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Criminal procedure — Police and prosecutorial discretion — Whether to prosecute where no reasonable prospect of conviction — Section 160(2) Criminal Procedure Code — Costs against Public Prosecutor — Duty to refer doubtful complaints to senior officers.
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31 December 1935 |
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Convictions quashed: child’s age not proved and charges misjoined; retrial ordered on carnal knowledge of an idiot charge.
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Criminal law — Defilement under twelve (Penal Code s.119(1)) — Proof of age beyond reasonable doubt — Judicial notice limits; Criminal procedure — Misjoinder of charges — Carnal knowledge of an idiot (s.120) distinct from defilement under twelve; s.127(c) applies only where law, not facts, creates doubt; misjoinder not cured by section 323 — Retrial ordered.
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31 December 1935 |
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Misjoinder of distinct offences not cured by plea; conviction on the second charge quashed.
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Criminal procedure — Joinder of charges — Misjoinder — Section 127 CPC (now s127A) — Exception requiring a single series of acts — Plea does not cure irregular joinder — Conviction quashed on misjoinder.
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31 December 1935 |
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Uncorroborated prosecutrix testimony is usually insufficient for rape; section 122(1) requires corroboration for alternative convictions.
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Criminal law — Rape (Penal Code s113) — corroboration not essential but usually required; risk of convicting on uncorroborated prosecutrix testimony (especially in native cases) — Alternative offence (Penal Code s122(1)) procuring defilement by threats/intimidation requires corroboration where the case rests on one witness — Criminal Procedure Code s172(1) power to convict of lesser offence limited by statutory proviso.
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31 December 1935 |
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Convicting the accused on multiple alternative charges based on identical facts results in impermissible double punishment.
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Criminal law — duplicity and multiplicity — alternative counts — conviction on more than one alternative offence prohibited — double punishment — attempted murder and arson arising from identical facts — Criminal Procedure Code s127(c) (repealed) and s309(2).
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31 December 1935 |
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A thumb impression without identification or intent does not constitute a signature for forgery purposes.
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Criminal law — Forgery — Signature by mark — Thumb impression by an illiterate person — Requirement of descriptive identification and evidence the instrument was explained — Necessity of intent to defraud — Distinction from misuse of identity certificate and false pretence.
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31 December 1935 |
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Leave to appeal to the Privy Council in criminal matters must be sought from the Privy Council, not the local High Court.
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Criminal appeals — leave to appeal to Privy Council — local High Court lacks authority to grant special leave in criminal matters — Northern Rhodesia Order Article XXXI; Privy Council Appeals Order Article II(b) — petition directly to Privy Council.
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31 December 1935 |
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Statements obtained without caution from a detained person by a kapasu are inadmissible; conviction quashed.
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Criminal law — admissibility of confessions — Judges' Rules (caution) — custody — kapasu as equivalent to police officer — statements obtained without caution inadmissible — conviction quashed.
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31 December 1935 |
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A Governor in Council may validly prohibit importation of specified literature; prohibition here was intra vires and appeal dismissed.
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Criminal law — Ordinance No. 10 of 1935, s.53F — Power to prohibit importation of newspapers, books or documents — Validity and scope of executive proclamation — Ultra vires challenge — Interaction with Royal Instructions and English law on religious freedom — Act of State and deference to Governor in Council.
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1 December 1935 |
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Statements made in custody to a native kapasu require Judges' Rules caution; conviction quashed for relying on inadmissible evidence.
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Criminal law — admissibility of statements/confessions — Judges' Rules caution requirement — kapasu (native chief's messenger) equated with police officer when exercising arrest/investigative functions — custody and voluntariness.
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1 December 1935 |