Results.
162 judgments found.
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| December 1934 |
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"Unauthorised person" in mining regulations means one without a lawful excuse, which may be implied rather than written.
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Mining regulations — "unauthorised person" — means person without lawful excuse — "lawful excuse" may be implied, by invitation or custom — magistrate to determine sufficiency of excuse.
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31 December 1934 |
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A native constable qualifies as a "police officer" under the Native Registration Ordinance.
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Statutory interpretation — "Police Officer" in Native Registration Ordinance — ordinary meaning — native constable included; supportive reference to Criminal Procedure Code and English usage.
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31 December 1934 |
| December 1933 |
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Joint trials on separate perjury indictments are void; perjury prosecutions must proceed separately unless conspiracy proven.
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Criminal procedure — Perjury — Separate indictments for perjury cannot be tried jointly — Joint trial void ab initio — Consent by counsel cannot confer jurisdiction — Perjury is an individual act; joinder requires conspiracy or statutory authority.
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31 December 1933 |
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A native compound with restricted user is not a "public place" under the Township Regulations; convictions quashed.
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Lusaka Township Regulations 1922 — "public place" — native compound with restricted user not a public place — gambling offence under regulation requires public place — convictions quashed.
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31 December 1933 |
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Compelling an accused to give footprints in court produces improperly obtained evidence; conviction based on it was quashed.
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Criminal procedure — Compelling accused to produce footprints/fingerprints in court — Evidence improperly obtained — Identification tests in court — Effect on magistrate and assessors — Conviction quashed.
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31 December 1933 |
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An immigration officer may not impose non‑statutory employment prohibitions on a temporary visiting permit; such additions are unenforceable.
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Immigration law — temporary permits — conditions prescribed by statute/regulation — officer‑added conditions invalid — implied prohibitions from permit purpose.
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31 December 1933 |
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Retention occurs when innocent possession becomes dishonest after acquiring knowledge the property was stolen; conviction for that offence upheld.
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Criminal law — Receiving v retaining stolen property — "Retaining" requires a change from honest to dishonest possession after acquiring guilty knowledge; "receiving" requires guilty knowledge at time of receipt — Conviction for different offence permitted where proved facts amount to that offence (then s.82 Magistrates' Courts Ordinance).
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31 December 1933 |
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Court requires leave to treat a Crown witness as hostile and insists co-accused who incriminates must be open to cross-examination.
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Criminal procedure — hostile witness — court’s leave required before Crown may treat witness as hostile; impeachment by reference to preliminary inquiry — required steps; Co-accused testimony — right to cross-examine co-accused who incriminates; Joint accused with separate defences — entitlement to separate representation.
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31 December 1933 |
| December 1932 |
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Conviction under section 287 cannot substitute for a theft charge where the owner's identity and ownership can be established.
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31 December 1932 |
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Employer owes an absolute statutory duty to provide medicines and reasonably procurable medical attendance; lack of knowledge is no defence.
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Employment of Natives Ordinance (s.50) — statutory duty to provide medicines and (if procurable) medical attendance — absolute regulatory obligation — employer’s lack of knowledge not a defence — “if procurable” = reasonably procurable — “illness” includes injury-induced conditions.
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1 December 1932 |
| December 1931 |
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Unenclosed mine property accessible to the public can constitute a "public place" under liquor licensing offences.
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Statutory interpretation — "public place" under liquor licensing and penal provisions — unenclosed mine property and thoroughfares; enclosure immaterial; precedents considered (Langrish v. Levy)
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31 December 1931 |
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Unenclosed mine property accessible to the public qualifies as a "public place" for gambling and public-order offences.
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Criminal law — gambling/public order — meaning of "public place" — includes unenclosed private land accessible to the public — enclosure or private ownership immaterial — convictions affirmed.
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31 December 1931 |