Results.
23 judgments found.
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| December 1964 |
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A transfer under s.73(a) requires a de novo trial; transfers solely for sentencing are ineffective.
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Criminal procedure — s.73(a) transfer requires de novo trial; transfer solely for sentence ineffective — s.128 bars retrial after conviction — convicted but unsentenced prisoner may be sentenced by a different magistrate sitting in same court.
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23 December 1964 |
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Court allowed amendment to add permanent maintenance after decree absolute, exercising discretion despite respondent's complaint of being misled.
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Divorce procedure — amendment of petition after decree absolute — adding prayer for permanent maintenance — discretionary relief; omission potentially misleading respondent a relevant but not decisive factor (Aggett v Aggett).
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10 December 1964 |
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The applicant’s part-year residence and limited local activities determined supertax liability on dividends.
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Income tax — interpretation of "ordinarily resident" and "carrying on business" — s.86(2)(a) proviso — part‑year residence and limited corporate/letting activities do not suffice for exemption.
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4 December 1964 |
| November 1964 |
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Court may examine pre‑divorce settlements for collusion but cannot grant formal approval; fuller affidavit required.
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Divorce — pre‑petition property settlement — collusion — s.4(3) Matrimonial Causes Act 1963 — rule 2A Matrimonial Causes Rules — court may determine collusion and give directions, not formally approve agreements.
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23 November 1964 |
| September 1964 |
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Whether an accused must testify before other defence witnesses under section 191 and if refusal causes miscarriage of justice.
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Criminal procedure — Order of calling defence witnesses — Whether accused must give evidence before other defence witnesses — Construction of section 191 Criminal Procedure Code (directory vs mandatory) — Substantial miscarriage of justice — Counsel’s tactical choices.
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4 September 1964 |
| August 1964 |
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Sections 5 and 9(1) require knowledge; the applicant's unknowingly entering the park warranted acquittal.
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Statutory construction — presumption of mens rea — displacement only by clear words or necessity to suppress mischief; Criminal law — strict/absolute liability; Game Ordinance (s.5, s.9(1)) — unlawful entry and possession of arms require knowledge; Appeal — convictions quashed where magistrate misapplied absolute liability precedent.
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31 August 1964 |
| July 1964 |
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Whether the Commissioner improperly prioritised railway interests and whether third‑party intentions may negate direct adverse effects under section 152.
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Road traffic law — exercise of statutory discretion under s.152 — matters to be balanced, no primacy for railway interests; appellate jurisdiction under s.155 limited to questions of law; evidence of third‑party future intentions irrelevant to direct adverse effect assessment.
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31 July 1964 |
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Criminal courts may question deportation orders; magistrates must investigate birth/status claims before accepting guilty pleas.
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Deportation — jurisdiction to question validity of deportation orders — acceptance of guilty pleas where birthplace or British-protected status is asserted — proper statutory charge (Deportation Act v Immigration Act).
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21 July 1964 |
| June 1964 |
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Similar offences may be taken into consideration at sentencing but must not attract separate convictions or sentences; excessive sentence reduced.
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Criminal law — Sentencing — Offences taken into consideration — Similar offences may be considered in mitigation but must not be separately convicted and sentenced; appellate intervention where sentence gives a 'sense of shock'.
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25 June 1964 |
| May 1964 |
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Non‑compliance with section 192 makes an amendment irregular (saveable under s323), but material evidential variances caused a substantial miscarriage of justice.
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Criminal procedure — Amendment of charge — Non‑compliance with section 192 (time of amendment, right to recall witnesses, re‑arraignment) — Irregularity not jurisdictional; section 323 — appellate protection where no substantial miscarriage of justice — Variance between charge and evidence — credibility and substantial miscarriage of justice — trial irregularities (prosecutorial misconduct, improper re‑examination, delay).
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28 May 1964 |
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Court granted extension under section 73 but warned it will closely scrutinise and not routinely excuse statutory defaults.
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Companies law — Registration of return of allotments — Section 73 Companies Ordinance — Court discretion to extend time — Not a rubber stamp — Excuse of 'extreme pressure of work' scrutinised — Companies' responsibility to comply with filing obligations.
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25 May 1964 |
| April 1964 |
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Court excluded the accused's statements: prosecution must prove confessions were voluntary and not induced by authority.
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Criminal procedure — admissibility of confessions — voluntariness — burden on prosecution to prove absence of inducement by person in authority — inducement broadly defined (threats, promises, prolonged questioning) — prior inducement may taint subsequent statements — fresh caution required.
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25 April 1964 |
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A cheating offence under section 280 does not require the fraudulent device to be aimed at the public at large.
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Criminal law — Cheating (s.280 Penal Code) — fraudulent trick or device need not be calculated to affect the public at large — precedent in Mukese v Reginam held per incuriam and not binding — assessment of documentary evidence and witness credibility.
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13 April 1964 |
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Whether orders under a writ of elegit bind a private sale and whether defective orders are void or voidable.
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Writ of elegit — sale by judgment creditor — requirement for judicial directions and approval of contract — distinction between void and voidable orders for lack of service — supplemental orders must be made in original proceedings — payment of purchase money into court.
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10 April 1964 |
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High Court quashes inadequate magistrate sentence for drunken driving and substitutes immediate custodial sentence and longer licence suspension.
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Road traffic — Drunk driving — Adequacy of sentence — Reoffending after prior drunken-driving conviction — Suspension of licence and effect on suspended sentence — Review under s.8 Criminal Procedure Code.
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9 April 1964 |
| March 1964 |
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Death of a spouse before decree abates divorce; court may only apply pre-existing deposited funds to prior costs.
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Divorce — abatement by death of spouse — no jurisdiction to make new costs orders after abatement — court may apply funds deposited under existing costs order.
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11 March 1964 |
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Self-defence raised reasonable doubt; prosecution failed to disprove lawful homicide, so the accused was acquitted.
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Criminal law — Murder and manslaughter — Self-defence — Justificable vs excusable homicide — Elements: honest belief and reasonable necessity — Duty to retreat for non-forcible assaults — Burden on prosecution to disprove self-defence where reasonable possibility exists — Accused's silence and witness credibility.
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5 March 1964 |
| February 1964 |
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Aider-and-abettor of dangerous driving can be convicted and must face licence suspension absent special, offence-related reasons.
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Causing death by dangerous driving; aiding and abetting negligence; suspension/disqualification of driving licence mandatory on conviction; "special reasons" must be special or unusual to the offence; section 21 Penal Code applies to offences under statutory law.
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24 February 1964 |
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Creditors have no general right to attend or cross-examine at private section 25 bankruptcy examinations.
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Bankruptcy — section 25 examinations — private/inquisitorial proceedings before registrar — no right for creditors to attend or to cross-examine — counsel for examinee permitted — limited retention/disclosure of notes.
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14 February 1964 |
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Territorial High Court granted certiorari quashing an improperly constituted statutory disciplinary tribunal and its confirmations.
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Administrative law — Judicial review — Certiorari to quash — Tribunal improperly constituted — Statutory disciplinary procedure — Jurisdiction of territorial High Court over federal authorities — Duty to act judicially and natural justice.
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3 February 1964 |
| January 1964 |
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Failure to specify particular goods in an attempted theft charge does not invalidate the conviction if the accused was adequately informed.
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Criminal law — Attempted theft — Particulars of property — Whether specific goods must be specified in charge — Attempt to steal from a container includes attempt to steal its contents — Sufficiency of charge and prejudice to accused.
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31 January 1964 |
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Whether a class II subordinate court may enforce a High Court judgment exceeding its statutory £100 jurisdiction.
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Subordinate court jurisdiction — class II monetary limit (£100) — enforcement of High Court judgments — transfer under s24(2) High Court Ordinance does not enlarge subordinate court jurisdiction (s24(3)) — s19(3) enforcement power limited to resident/senior resident magistrates — jurisdictional increase under s23.
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8 January 1964 |
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Threats to burn property are not legal compulsion; prosecution's omission to tender a bald denial did not prejudice the accused.
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Criminal law — arson; compulsion under section 17 — present threat to life or grievous bodily harm required; joint charge vs indivisible offence; prosecutorial discretion to tender accused's statements; failure to tender may be ground of appeal if miscarriage of justice.
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3 January 1964 |