Criminal Practice and Procedure

5 documents
Criminal Practice and Procedure
  • Filters
  • Years
  • Topics
  • Alphabet
Sort by:
5 documents
Title
Date
Reported
Absence of summing-up notes and failure to accept/reject ballistic report did not vitiate applicant's attempted murder conviction.
Criminal procedure – trial judge’s record of summing-up to assessors – duty to keep notes; Evidence – ballistics expert report as opinion evidence – judge must consider and accept or reject; Identification corroboration and intent in attempted murder.
Judgment 6 March 1981
Reported

Criminal Practice and Procedure - Recalling and calling witnesses during appeal - ss. 151 and 322 (1) of the Criminal Procedure Code - Circumstances under which can be exercised;

Judgment 6 March 1981
Reported

Construction - Money - Cheque included - S.5 of Penal Code.

Criminal Practice and Procedure - Defective charge - No particulars of false pretences - accused aware of particulars in the course of trial - No prejudice or injustice suffered - Defect curable - S.316 Criminal Procedure Code.

Judgment 8 September 1980
Reported

Evidence - Insanity - Mental stress - Letters imply innocence and punishment relating to the killings - Whether appellant did not know what she was doing was, wrong.
Sentence - Of death - To be passed on one count

Judgment 10 March 1980
Reported

Evidence - Admissibility - Statement made to a police officer - Appellant told justice of the peace the statement he made to the police was enough-Justice of the Peace not shown the statement - Whether such statement can be incorporated in the statement made to justice of the peace - Whether admissible as a confession - Whether admissible -Whether it amounts to an admission or not.

Criminal Practice and Procedure - Charge - Duplex - Defence clear what the case against appellant was - Whether defect curable - S.346 of the Criminal Procedure Code

National Security - Espionage and Sabotage - National Security Act- Foreign agent - Whether the person (John Wilson) with whom appellant was communicating was a "foreign agent" - S.2(1) and s.12(1) of the National Security Act.

National Security - Espionage - Appellant alleged to have communicated with foreign agent - Whether necessary to prove which particular state or states the alleged agent was working for.

National Security - Espionage - When presumption under s.12(1) of the National Security Act comes into play - Effect of the presumption.

National Security - Spying on designated organization - Evidence of communication - No order of exact nature or type of information - Whether information for purposes prejudicial to the safety or interests of a designated organization. 

National Security - Spying on a designated organization - Presumption under s.9(3) of the National Security Act - When it can come into play.

Criminal Practice and Procedure - Sentencing - Co-operation with police - Conviction based on presumption only - Extent of damage impossible to ascertain - Benefit to appellant.

Judgment 20 March 1976