National Security

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National Security
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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