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Citation
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Judgment date
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| December 1942 |
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Leave to serve a tort writ abroad was set aside due to territorial law and foreign sovereign immunity considerations.
Service out of jurisdiction — discretion of court — tort actions against foreign sovereigns — territorial law governs availability of suit — foreign Crown immunity and caution in granting leave.
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31 December 1942 |
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A mining regulation forbidding entry by "unauthorised persons" was void for vagueness; an invitee by an employee was authorised.
Mining regulations — Regulation 12 — "unauthorised person" — vagueness/indefiniteness — statutory interpretation — invitation by employee as authorisation — criminal conviction quashed.
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31 December 1942 |
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An accidental intervening act (slipping weapon) can negate murderous intent and reduce liability to manslaughter.
Criminal law – Murder v. manslaughter – requisite intention – intervening accidental act (slip) negating specific intent – causation – role of intoxication and provocation in assessing mens rea.
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31 December 1942 |
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Proof of a general deficiency alone cannot sustain an embezzlement conviction; particulars must specify the sum.
Criminal law – Embezzlement/theft – Proof of general deficiency insufficient – Particulars must specify the gross sum (and relevant dates) – Repeal of s.174 Criminal Procedure Code removes authority for charging on general deficiency.
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31 December 1942 |
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Embezzlement particulars must specify a gross sum; related offences' sentences should be concurrent, totaling 21 months IHL.
Embezzlement — general deficiency: particulars should state specific gross sum; proof of some larceny item required; practice upheld despite repeal of s.174; related sentences should run concurrently.
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31 December 1942 |
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Separate sentences ordinarily required per count; housebreaking and theft from same premises may be charged in one count.
Criminal law – Sentencing – Separate sentence for each count – Concurrent sentences permissible – Housebreaking and theft from same premises may be charged in one count.
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31 December 1942 |
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Court ordered 21-day medical observation to determine whether a deaf-mute accused is non-sane before sustaining a guilty finding.
Criminal procedure — Deaf-mute accused — Medical observation to determine sanity — Application of The King v
Governor of Stafford (1909) — Procedure under Criminal Procedure Code ss.156 and 151(4) — Incapacity to enter defence
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31 December 1942 |