Solomon Islands - Index of Solomon Islands Law Report

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Solomon Islands - Index to Solomon Islands Law Reports - 1984

THE SOLOMON ISLANDS

LAW REPORTS 1984

(1984 S.I.L.R.)

Published by the Institute of Public Studies and the Pacific Law Unit of the University of the South Pacific, with the authority of the High Court of Solomon Islands

INDEX OF THE CASES REPORTED

PAGE

Adifaka v. DPP
44

Attorney General, Island Enterprises Ltd v.
95

Attorney General, Kenilorea v.
179

Attorney General v. Kenilorea & Solomon Star Ltd.
61

Attorney General, Khan v.
95

Australia & New Zealand Banking Group Ltd v. Matoba Mines Ltd
77

Belama v. DPP
37

Campbell v. Mafuara
4

Cattle Development Authority, Funua v.
55

Cheung v. Tanda
108

DPP, Adifaka v.
44

DPP, Belama v.
37

DPP, Gerea & Others v.
161

DPP, Konare v.
33

DPP, Kuper
28

DPP, Glass
28

DPP v. Hakiu
155

Fenda, Manubili & Others v.
1

Finete and C & F Fishing Ltd, R. v.
40

Funua v. Cattle Development Authority
55

Gerea & Others v. DPP
161

Glass, DPP v.
28

Gubbay, Queensland Independent Wholesalers Ltd v.
72

Haikiu, DPP v.
155

Island Enterprises Ltd. v. Attorney General
95

Katovai v. Lumukana
9

Kenilorea and Solomon Star Ltd, Attorney General v.
61

Kenilorea v. Attorney General
179

Khan v. Attorney General
95

Kiriau v. Liquidator (Trading Company (Solomons) Ltd.)
90

Konare v. DPP
33

Kuper, DPP v.
28

Kuper v. DPP
28

Kulagoe, Manedetea v.
20

Liquidator, (Trading Company (Solomons) Ltd Kiriau v.
90

Loumia & Others, R. v.
51

Lumukana, Katovai v.
9

Mafuara, Campbell v.
4

Mahlon v. Mahlon
86

Manedetea v. Kulagoe
20

Manubili & Others v. Fenda
1

Matoba Mines Ltd, Australia & New Zealand Banking Group Ltd v.
77

Nano & Another v. Riringi
9

Official Administrator of Unrepresented Estates, Saki v.
146

Public Service Commission ex. P. Tiare, R v.
80

Queensland Independent Wholesalers Ltd. v. Gubbay
72

Reid v. Reid
86

Reinunu , Tagotada v.
24

Riringi, Nano & Another v.
9

R. v. Finete and C & F Fishing Ltd
40

R. v. Loumia &Others
51

R. v. Public Service Commission ex. P. Tiare
80

Saki v. Official Administrator of Unrepresented Estates
146

Tagotada v. Reinunu
24

Tanda, Cheung v.
108

INDEX

Animals

cattle, liability for escape of
55

Appeal

Customary Land Appeal Court from, bias alleged, "procedural requirement of any written law", s. 10(8) of the Constitution
20

Customary Land Appeal Court, whether survey necessary
4

damages in fatal case from, approach to
108, 146

dispute arising out of customary land, proper court to determine
1

fees on appeal arrangement to pay on credit
9

Findings of fact and credibility of witness, approach to
161

local Court from, to Customary Land Appeal Court, no need to file specific grounds
9

time for appeal from local Court to customary Land Appeal Court, commencement of time and "date of decision"
9

Bail

forfeiture of, means to be taken on forfeiture becomes civil debt forfeiture mitigation of
33

Bias

test for, reasonable bystander
20

Cattle Trespass

negligence and, strict liability for
55

Certiorari

delay in applying, avenues of appeal exhaustion of,

right to be heard under Public Service Commission Regulations 1979
80

Company

winding-up order, effect on contrast for employment, continued employment by Liquidator, effect of on damages
90

Constitutional law

binding effect of decisions of English courts
108

common law of England, applicability of
108

contempt of court and freedom of expression
61

courts, independence of, s. 10(8) and,
179

customary law and, customary legal duty inconsistent with provisions of
51

date of application of common law part of law of Solomon Islands by virtue of Schedule 3
108

decisions of court, must be given in public, s.10(9)
9

"fair hearing", meaning of, s.10(1)
161

inconsistency of s.197(c) of the Penal Code with s.4 of Constitution

interpretation of, general principles of
161, 179

law directory tot the courts in a particular case of matter, constitutionality of
179

mandatory penalty for murder, constitutionality of
161

power of Parliament, fixed penalty and
161

retrospective legislation and quasi-criminal offences
61

Schedule 3, general interpretation of
108

Schedule 3, what is the relevant common law
108

Separation of powers, judicial independence, implicit in Constitution
179

Contempt of court

burden of proof, quasi-criminal
61

customary land decision of,
24

public policy and the administration of justice, effect on
61

relevant time for consideration of, time of publication
61

Criminal Law and Procedure

binding over s.32(2) of the Penal Code, when order can be made
28

burden and standard of proof, whether "point for determination" specific direction, necessity for when judge or magistrate sitting alone
155

burden of proof, proper direction on
44

corroboration of accomplice evidence, approach to
44

fair hearing, s.10(1) of the Constitution
28

hearing, in criminal case, sentencing process including, "hearing", meaning of, s.10(1) of Constitution
161

murder, reduction to manslaughter, s.197(c) of the Penal Code, conflict withs.4 of the Constitution, resolution of inconsistency
51

mandatory penalty for, constitutionality of

161

provisions of s.182 of the Criminal Procedure Code, mandatory effect of
28

proviso s. 292(1) of the Criminal Procedure Code, application of, when mandatory provision not followed
28

questions to witnesses by judge of magistrate, proprietary of
155

sentence, murder for, mandatory, whether constitutional,
161

sentence, disparity, real and genuine grievance
44

sentence, imprisonment on juvenile offenders, when proper, lack of detention centres
37

statements of accused on oath and to the police conflicting, approach to, credibility of witness when conflicting statements given
44

trial, necessity for a proper hearing
28

intervention and questions by magistrate

155

Custom

Custom duty, s.197(c) of Penal Code and, conflict with s.4 of the Constitution in murder case
51

Custom benefit received on death, effect on damages of
108

Customary Land Courts and Customary Land

appeal to Customary Land Court from Local Court, time for, what constitutes a valid appeal, what is the date of the decision,
9

Customary Land Appeal Court, appeal from, bias, s.10(8) of the Constitution
20

contempt of decision of

24

Development on, what, cutting down and planting trees
24

dissenting judgments in the Customary Land Appeal Courts, undesirability of
4

survey, no necessity for
4

Damages

appeals from awards, approach to
108, 146

custom benefits received on death, effect of
108

discounting of damages for future loss
108, 146

fatal accident for,
108, 146

dependency, calculation of,

108, 146

future loss of earning capacity, calculation of

108, 146

loss of expectation of life
108, 146

Divorce

non-islanders of, procedure to be followed
86

Islander, who is
86

Employment

dismissal by virtue of winding -up order
90

Fishing

fishing gear, meaning of, test to be applied, matter of fact
40

Foreign Investment

meaning of
95

Garnishee Order

money held as stakeholder or trustee, whether attachable
77

Injunction

"Mareva" injunction, Order 53 High court (Civil Procedure) Rules 1964
72

Local Courts

appeal from on a matter arising out of customary land, which court to
1

appeal from, what constitutes a valid appeal
9

appeal from, time for, when does time commence
9

date of decision of, what is, decision in public, what constitutes, s.10(9) of the Constitution
9

Magistrate Court

appeal arising out of customary land, whether power to entertain
1

Marriage

validity of, if there is want of proper form
86

Practice and Procedure

Certiorari,

delay and, avenues of appeal, whether necessary to exhaust

80

right to be heard under Public Service Commission Regulations 1979

80

divorce

procedure to be followed where one of the parties to the marriage is not "an islander"

86

garnishee order

money held as stakeholder or trustee, whether attachable

77

"Mareva injunction and receivers, whether specific right to property necessary, Order 53 r. 6(1) of High Court (Civil Procedure) Rules 1964
72

Receiver

appointment of under Order 53 r.6(1) of the High Court (Civil Procedure) Rules 1964, whether specific right to property necessary
72

Sentence

imprisonment of juveniles, consideration of prison conditions 37

mandatory sentence for murder, constitutionality of 161

disparity, real and genuine grievance 44

Statutes

interpretation of, same word to be given same meaning in same act 95

Tort

Cattle trespass, negligence and knowledge of evil propensity, strict liability and 55

Cows, whether ferae naturae or mansuetae naturae 55

Trial

(SEE CRIMINAL LAW AND PROCEDURE)

		PAGE
Adifaka v. DPP		44
Attorney General, Island Enterprises Ltd v.		95
Attorney General, Kenilorea v.		179
Attorney General v. Kenilorea & Solomon Star Ltd.		61
Attorney General, Khan v.		95
Australia & New Zealand Banking Group Ltd v. Matoba Mines Ltd		77
Belama v. DPP		37
Campbell v. Mafuara		4
Cattle Development Authority, Funua v.		55
Cheung v. Tanda		108
DPP, Adifaka v.		44
DPP, Belama v.		37
DPP, Gerea & Others v.		161
DPP, Konare v.		33
DPP, Kuper		28
DPP, Glass		28
DPP v. Hakiu		155
Fenda, Manubili & Others v.		1
Finete and C & F Fishing Ltd, R. v.		40
Funua v. Cattle Development Authority		55
Gerea & Others v. DPP		161
Glass, DPP v.		28
Gubbay, Queensland Independent Wholesalers Ltd v.		72
Haikiu, DPP v.		155
Island Enterprises Ltd. v. Attorney General		95
Katovai v. Lumukana		9
Kenilorea and Solomon Star Ltd, Attorney General v.		61
Kenilorea v. Attorney General		179
Khan v. Attorney General		95
Kiriau v. Liquidator (Trading Company (Solomons) Ltd.)		90
Konare v. DPP		33
Kuper, DPP v.		28
Kuper v. DPP		28
Kulagoe, Manedetea v.		20
Liquidator, (Trading Company (Solomons) Ltd Kiriau v.		90
Loumia & Others, R. v.		51
Lumukana, Katovai v.		9
Mafuara, Campbell v.		4
Mahlon v. Mahlon		86
Manedetea v. Kulagoe		20
Manubili & Others v. Fenda		1
Matoba Mines Ltd, Australia & New Zealand Banking Group Ltd v.		77
Nano & Another v. Riringi		9
Official Administrator of Unrepresented Estates, Saki v.		146
Public Service Commission ex. P. Tiare, R v.		80
Queensland Independent Wholesalers Ltd. v. Gubbay		72
Reid v. Reid		86
Reinunu , Tagotada v.		24
Riringi, Nano & Another v.		9
R. v. Finete and C & F Fishing Ltd		40
R. v. Loumia &Others		51
R. v. Public Service Commission ex. P. Tiare		80
Saki v. Official Administrator of Unrepresented Estates		146
Tagotada v. Reinunu		24
Tanda, Cheung v.		108
INDEX
Animals
	cattle, liability for escape of	55
Appeal
	Customary Land Appeal Court from, bias alleged, "procedural requirement of any written law", s. 10(8) of the Constitution	20
	Customary Land Appeal Court, whether survey necessary	4
	damages in fatal case from, approach to	108, 146
	dispute arising out of customary land, proper court to determine	1
	fees on appeal arrangement to pay on credit	9
	Findings of fact and credibility of witness, approach to	161
	local Court from, to Customary Land Appeal Court, no need to file specific grounds	9
	time for appeal from local Court to customary Land Appeal Court, commencement of time and "date of decision"	9
Bail
	forfeiture of, means to be taken on forfeiture becomes civil debt forfeiture mitigation of	33
Bias
	test for, reasonable bystander	20
Cattle Trespass
	negligence and, strict liability for	55
Certiorari
	delay in applying, avenues of appeal exhaustion of,
	right to be heard under Public Service Commission Regulations 1979	80
Company
	winding-up order, effect on contrast for employment, continued employment by Liquidator, effect of on damages	90
Constitutional law
	binding effect of decisions of English courts	108
	common law of England, applicability of	108
	contempt of court and freedom of expression	61
	courts, independence of, s. 10(8) and,	179
	customary law and, customary legal duty inconsistent with provisions of	51
	date of application of common law part of law of Solomon Islands by virtue of Schedule 3	108
	decisions of court, must be given in public, s.10(9)	9
	"fair hearing", meaning of, s.10(1)	161
	inconsistency of s.197(c) of the Penal Code with s.4 of Constitution
	interpretation of, general principles of	161, 179
	law directory tot the courts in a particular case of matter, constitutionality of	179
	mandatory penalty for murder, constitutionality of	161
	power of Parliament, fixed penalty and	161
	retrospective legislation and quasi-criminal offences	61
	Schedule 3, general interpretation of	108
	Schedule 3, what is the relevant common law	108
	Separation of powers, judicial independence, implicit in Constitution	179
Contempt of court
	burden of proof, quasi-criminal	61
	customary land decision of,	24
	public policy and the administration of justice, effect on	61
	relevant time for consideration of, time of publication	61
Criminal Law and Procedure
	binding over s.32(2) of the Penal Code, when order can be made	28
	burden and standard of proof, whether "point for determination" specific direction, necessity for when judge or magistrate sitting alone	155
	burden of proof, proper direction on	44
	corroboration of accomplice evidence, approach to	44
	fair hearing, s.10(1) of the Constitution	28
	hearing, in criminal case, sentencing process including, "hearing", meaning of, s.10(1) of Constitution	161
	murder, reduction to manslaughter, s.197(c) of the Penal Code, conflict withs.4 of the Constitution, resolution of inconsistency	51
	mandatory penalty for, constitutionality of	161
	provisions of s.182 of the Criminal Procedure Code, mandatory effect of	28
	proviso s. 292(1) of the Criminal Procedure Code, application of, when mandatory provision not followed	28
	questions to witnesses by judge of magistrate, proprietary of	155
	sentence, murder for, mandatory, whether constitutional,	161
	sentence, disparity, real and genuine grievance	44
	sentence, imprisonment on juvenile offenders, when proper, lack of detention centres	37
	statements of accused on oath and to the police conflicting, approach to, credibility of witness when conflicting statements given	44
	trial, necessity for a proper hearing	28
	intervention and questions by magistrate	155
Custom
	Custom duty, s.197(c) of Penal Code and, conflict with s.4 of the Constitution in murder case	51
	Custom benefit received on death, effect on damages of	108
Customary Land Courts and Customary Land
	appeal to Customary Land Court from Local Court, time for, what constitutes a valid appeal, what is the date of the decision,	9
	Customary Land Appeal Court, appeal from, bias, s.10(8) of the Constitution	20
	contempt of decision of	24
	Development on, what, cutting down and planting trees	24
	dissenting judgments in the Customary Land Appeal Courts, undesirability of	4
	survey, no necessity for	4
Damages
	appeals from awards, approach to	108, 146
	custom benefits received on death, effect of	108
	discounting of damages for future loss	108, 146
	fatal accident for,	108, 146
	dependency, calculation of,	108, 146
	future loss of earning capacity, calculation of	108, 146
	loss of expectation of life	108, 146
Divorce
	non-islanders of, procedure to be followed	86
	Islander, who is	86
Employment
	dismissal by virtue of winding -up order	90
Fishing
	fishing gear, meaning of, test to be applied, matter of fact	40
Foreign Investment
	meaning of	95
Garnishee Order
	money held as stakeholder or trustee, whether attachable	77
Injunction
	"Mareva" injunction, Order 53 High court (Civil Procedure) Rules 1964	72
Local Courts
	appeal from on a matter arising out of customary land, which court to	1
	appeal from, what constitutes a valid appeal	9
	appeal from, time for, when does time commence	9
	date of decision of, what is, decision in public, what constitutes, s.10(9) of the Constitution	9
Magistrate Court
	appeal arising out of customary land, whether power to entertain	1
Marriage
	validity of, if there is want of proper form	86
Practice and Procedure
	Certiorari,
	delay and, avenues of appeal, whether necessary to exhaust	80
	right to be heard under Public Service Commission Regulations 1979	80
	divorce
	procedure to be followed where one of the parties to the marriage is not "an islander"	86
	garnishee order
	money held as stakeholder or trustee, whether attachable	77
	"Mareva injunction and receivers, whether specific right to property necessary, Order 53 r. 6(1) of High Court (Civil Procedure) Rules 1964	72
Receiver
	appointment of under Order 53 r.6(1) of the High Court (Civil Procedure) Rules 1964, whether specific right to property necessary	72
Sentence
	imprisonment of juveniles, consideration of prison conditions	37
	mandatory sentence for murder, constitutionality of	161
	disparity, real and genuine grievance	44
Statutes
	interpretation of, same word to be given same meaning in same act	95
Tort
	Cattle trespass, negligence and knowledge of evil propensity, strict liability and	55
	Cows, whether ferae naturae or mansuetae naturae	55
Trial
	(SEE CRIMINAL LAW AND PROCEDURE)