Immaterial that officer bribed was not empowered to

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Immaterial that officer bribed was not empowered to do solicited act. 1967/92. Money paid as bribe by accused cannot be ordered forfeited under s. 3 (3) (b). 1967/92; 1968/231. PREVENTIVE DETENTION ACT, CAP. 490 Detention order implicitly worked where detainee charged in court for act prompting detention – Bail may be granted. 1968/139. PREVIOUS CONVICTIONS See: EVIDENCE; MINIMUM SENTENCES ACT. SENTENCE. PRINCIPLES OF PUNISHMENT See: SENTENCE. PRISONERS See: AIDING PRISONERS TO ESCAPE PRISONS ORDINANCE, CAP. 58 Supplying prohibited article to prisoner. 1968/268. PROCEDURE Adjournment – Right to adjournment of trial in order to obtain counsel. 1967/99. Alternation of charge in course of trial – proper procedure. 1968/225; 1968/226.
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Alternative counts – Where conviction is entered on one count, acquittal should not be entered on other count. 1968/177. Where conviction is entered on one count, no verdict should be entered on other count. 1967/396. Alternative verdicts – Accessory after the fact to murder cannot be substi- tuted for murder. 1967/72. Assault causing bodily harm cannot be substituted for assault with in- tent to steal. 1968/428. Criminal trespass cannot be substituted for cattle theft. 1968/269. Indecent assault can be substituted for attempted rape. 1967/76. Injuring animal can be substituted for cattle-theft. 1967/106. Malicious injury to property can be substituted for breaking and commit- ting felony. 1967/81. Malicious injury to property cannot be substituted for attempted stealing from motor vehicle. 1968/480. Malicious injury to property cannot be substituted for house-breaking. 1968/270; CONTRA 1968/428. Offence scheduled under minimum sentences act cannot be substituted for non-scheduled offence. 1968/322; 1968/475; CONTRA 1967/276. Prevention of Corruption Ordinance – Person charged under s. 3 (1) cannot be convicted under s. 6. 1968/149. XCIX CRIMINAL PROCEDURE (Continued) Rape cannot be substituted for indecent assault. 1967/57. Receiving stolen property can be substituted for theft. 1967/108; 1967/417. Retaining stolen property can be substituted for receiving stolen property. 1967/368. Robbery with violence cannot be substituted for robbery 1968/465.
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Stealing by agent cannot be substituted for stealing by agent cannot be substituted for stealing by public servant. 1967/224. Stealing by public servant cannot be substituted for stealing by servant. 1968/484; CONTRA 1967/276. Theft cannot be substituted for receiving stolen property 1967/108. Theft can be substituted for beating and committing a felony. 1967/31. Theft cannot be substituted for possession of property suspected of hav- ing been stolen although reverse can be done. 1967/273. Arrest – Accused’s wife cannot be arrested to force accused’ surrender. 1968/330. Arrest without warrant by Divisional Executive Officer. See: ABUSE OF OF- FICE. Attachment and sale of property – Proper procedure. 1967/382. Autrefois acquit – Not applicable where first trial nullity. 1968/464.
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  • Fall '17
  • Dean Majamba

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