Results.
8 judgments found.
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| December 1936 |
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Proof that a judgment debtor had means to pay part of the debt can justify committal, suspended on instalment payments.
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Debtors Act 1869 s.5 — Judgment summons — Committal for non‑payment — Proof of means to pay part of debt suffices — Committal may be suspended on instalment terms; ex parte Fryer applied; Debtors Ordinance (Cap.14) s.4 equivalent to s.5.
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31 December 1936 |
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Survivor under a joint will takes an absolute estate; a subsequent gift-over as condition subsequent cannot curtail it.
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Wills — Joint will — Validity under English law; construction of operative clause as absolute gift; proviso as condition subsequent; gift over inconsistent and unenforceable.
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31 December 1936 |
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A deportation recommendation under Penal Code s.34 requires an outline of the prosecution case or principal witness evidence even after a guilty plea.
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Criminal procedure — Conviction on guilty plea — Recommendation for deportation under Penal Code s.34 — Necessity for prosecution outline or principal witness evidence in the record before deportation may be recommended.
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31 December 1936 |
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An accused should not be called to make a defence where the prosecution has no case; excessive disciplinary sentences under the District Messengers Ordinance will be reduced.
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Criminal procedure — insufficiency of prosecution evidence — accused improperly called to make defence — admissions in defence cannot cure no-case-to-answer; Review powers — quashing convictions where irregularity prejudiced fairness; District Messengers Ordinance — misuse for departmental discipline; Sentencing — reduction of excessive fines and avoidance of corporal punishment.
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31 December 1936 |
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High Court may substitute a section of conviction and reduce sentence on review where evidence supports s214 but not s208.
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Criminal procedure — review power to alter conviction and reduce sentence (Criminal Procedure Code ss.300, 309); Penal Code — unlawful act causing harm (s.214) distinguished from wounding (s.208); Plea recording requirements (Criminal Procedure Code s.187(2)); Sentencing — mitigation and reduction; Conduct: setting traps on public path.
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31 December 1936 |
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An excessive ten-year sentence for housebreaking was reduced to two years, clarifying three key sentencing principles.
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Sentencing — unlawful excess — ten-year sentence for housebreaking exceeding seven-year statutory maximum — sentencing principles: intrinsic gravity, antecedents, prevalence — reduction to two years with hard labour.
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31 December 1936 |
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A subsequent confession is inadmissible unless it is shown the inducement behind an earlier inadmissible confession was effectively dispelled.
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Criminal law — Confession — Admissibility of subsequent confession after prior improperly induced confession — Voluntariness required — Lapse of time less dispositive for unsophisticated natives — Statutory caution alone may be insufficient; need for explicit dispelling of prior inducement.
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31 December 1936 |
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Conditional discharge must be properly ordered; later sentencing without proof of recognisance breach is invalid.
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Criminal procedure — Conditional discharge/recognisance under C.P.C. s.287(1) and Penal Code s.31 — Form and conditions of recognisance (good behaviour, limitation of residence, security) — Functus officio principle — Invalidity of subsequent sentencing absent proof of breach.
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31 December 1936 |