Evidence

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Evidence
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7 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

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

Criminal Law - Murder - Plea of self-defence - use· of excessive force - Accused honestly and reasonably believed he was defending himself - Whether conviction of murder or manslaughter.
Criminal Law - Murder - Plea of self-defence - Use of excessive force - Accused honestly and reasonably believed he was defending himself - Test of honest and reasonable belief - subjective.
Evidence - Onus of proof - Excessive and lethal use of force - Onus rests throughout on the· prosecution.
Police Force Ordinance - Application to peoples' militia.

Judgment 1 December 1979
Reported

Evidence - Alibi - Unsworn statement - No evidence to support alibi
Evidence - Confession - Repudiated confession - Whether can support conviction
Evidence - Repudiated confession - Requires corroboration as a matter of prudence
Evidence - Repudiated confession - Exculpatory statements of co-accused - Cannot corroborate

Judgment 6 November 1979
Reported

Evidence - Defence of Insanity-Borden and Standard of proof.
Evidence - Insanity - Evidence of medical expert - Court not bound to accept it.
Insanity - Mental stress - Whether constitutes insanity in law.

Judgment 28 February 1979
Reported

Evidence - Admissibility-Doctor's report - Doctor's personal attendance not possible - Admissibility of doctor's report under s. 34(b) of Evidence Act.
Evidence - Doctor's report made on request from advocate - Whether report amounts to entry or memorandum in books or record kept in the ordinary course of business or kept in the discharge of professional duty - Construction.
Tort - Damages - General damages - Approach of assessment-Assessment of general damages under different heads of personal injuries unsatisfactory.

Judgment 29 May 1978
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