Category Archives: Commonwealth
Steedman -v- William R Drinkle and Another; PC 21-Dec-1915
(Saskatchewan) Land in Canada was purchased under an agreement, where the price was to be paid by one initial payment and annual instalments. If the purchaser was to default on any payment, the vendor was free to cancel the agreement … Continue reading
Filed under Commonwealth, Equity, Land
Kin-Hung -v- The Queen; PC 11-Nov-1996
(Hong Kong) Despite the judge’s sympathetic directions as to the inadeqacy of the prosecution case, the defendant was convicted of two rapes.Held: The test whether each member of an appellate court considers the verdicts ‘unsafe or unsatisfactory’ is part of … Continue reading
Filed under Commonwealth, Criminal Practice
Regina -v- Stinchombe; 1991
(Supreme Court of Canada) Sopinka J described the fruits of a police investigation as: ‘not the property of the Crown for use in securing a conviction, but the property of the public to be used to ensure that justice is … Continue reading
Filed under Commonwealth, Criminal Practice
Boucher -v- The Queen; 1954
(Supreme Court of Canada) The prosecutor has a duty to act impartially with no notion of winning or losing.Randall J said: ‘It cannot be over-emphasised that the purpose of a criminal prosecution is not to obtain a conviction; it is … Continue reading
Filed under Commonwealth, Criminal Practice
Maye -v- The Queen; PC 1-Jul-2008
(Jamaica) The defendant appealed his conviction for murder. He said that he had intervened in a fight between his girlfriend and her brother and that the deceased was killed in self defence. There had been three trials; two of the … Continue reading
Filed under Commonwealth, Crime
De Freitas -v- The Permanent Secretary of Ministry of Agriculture, Fisheries, Lands and Housing and others; PC 30-Jun-1998
(Antigua and Barbuda) The applicant was employed as a civil servant. He joined a demonstration alleging corruption in a minister. It was alleged he had infringed his duties as a civil servant, and he replied that the constitution allowed him … Continue reading
Filed under Commonwealth, Constitutional, Employment
Ebanks (Jurt) -v- The Queen; PC 16-Feb-2006
(Jamaica) The defendant appealed against his conviction for murder saying that identification evidence had been wrongly admitted and also if that appeal failed against the sentence of death. Though the witness knew the defendant, an identification parade was held.Held: The … Continue reading
Filed under Commonwealth, Criminal Practice
Jones -v- Her Majesty’s Attorney-General sued on behalf of New Zealand Police; PC 19-Jun-2003
PC (New Zealand) The claimant was stopped driving his son to the airport. He drove off, but was stopped again. He complained at the constable’s conduct. His claim was struck out. He had been stopped under road traffic legislation, but … Continue reading
Filed under Commonwealth, Litigation Practice, Police
Regina -v- Haas; 1962
(Court of Appeal of British Columbia) The court considered the admissibility of evidence derived from a tracker dog: ‘Once the qualifications of a tracking dog to follow a scent and that of his trainer to handle the dog have been … Continue reading
Filed under Commonwealth, Criminal Evidence
Telecom Corporation of New Zealand Ltd -v- Clear Communications Ltd; 1995
(New Zealand) A trader is entitled, before he enters upon a line of conduct which is designed to affect his competitors, to know with some certainty whether or not what he proposes to do is lawful. The meaning and effect … Continue reading
Filed under Commercial, Commonwealth
