The Ceylon Law Review Volume 6

The Ceylon Law Review Volume 6

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1908 edition. Excerpt: ...I think the magistrate has arrived at a right conclusion bntI shall only notice some of the points raised by appellant's counse. The accused was tried and convicted on three sepan-ate charges. The first charged him with causing the complainant to be wrongly arrested and confined by a constable, he the accused having pointed him out as the person the constable was in search of. This charge as well as the second charge is laid under section 333 of the Penal Code. The second charge is that the accused wrongfully confined the complainant, and the third charges the accused with giving false information to a constable and getting him to arrest and detain the complainant. The last charge is laid under section 180 of the Penal Code. '1'helst accused (police inspector) and the 3rd accused (police constable) were acquitted and were subsequently examined as witnesses. The 2nd accused Ameris Mendis was convicted apparently on all the three charges. Two of the charges, as I have already noticed, are founded on section 333, but the evidence does not seem to me to sustain either charge. Ilhe offence created by that section is the wrongful confinement of a party. In point of fact the complainant was arrested and detained by the police, who were misled by the 2nd accused's false information. The part which the 2nd accused took in the matter, if anything, amounts to an abetment, which is a different offence, and which required a different charge. See Chapter V. section 100 of the Penal Code. The conviction under section 180 is sustained by the evidence. I will set aside the conviction under section 333, and aflirin the conviction under section 180. 1. In a prosecution for affray it is enough to prove that there wasa fighting, and no evidence...
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Product details

  • Paperback | 64 pages
  • 189 x 246 x 3mm | 132g
  • United States
  • English
  • black & white illustrations
  • 1236961064
  • 9781236961068