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Solomon Islands -  Index of Solomon Islands Law Reports - 1988-1989

THE SOLOMON ISLANDS

LAW REPORTS 1988-1989

 

Allardyce Lumber Company Ltd., Bisili, Roni, Sakiri, Hiele, Sasae, Poza, Zongahite, Daga, Pato and Zingihite v. Attorney General, Commissioner of Forest Resources, Premier of the Western Province and Paia

78

Babaua v. Roselyn

22

Charles Fosala v. Reginam

139

Director of Public Prosecution v. Clement Tom

118

Director of Public Prosecution v. Dao and Dao

142

Director of Public Prosecution v. Maesala

145

Director of Public Prosecutions v. Noel Bowie

113

Edward Fiuadi v Reginam

150

Haomae v. Bartlett

35

In the matter of Section 27(2), 48 and 49(1) of the Constitution and in the matter of an application by Honourable Andrew Nori, member of Parliament for West Are Constituency and Others

99

In the matter of Section 92(5) of the Constitution and in the matter of an application by Rt. Hon. Sir Peter Kenilorea KBE

50

In the matter of the Commodities Export Marketing Authority Act, the Commodities Export Marketing Authority v. The Attorney General

39

Joel Aosi v. Reginam

1

Joel Likiula and Allen Kokolobu v. Reginam

148

John Ini Ela v. Reginam

7

Kenneth Charles Ferris v. Reginam

128

Khy Co. (SI) Ltd. and Christopher Anthony Kwan v. Ling Kun Xiang, Zhao Li Qin, Guanghan Hong Co. Ltd and Guangdong Enterprises (Holdings) Ltd.

63

Koraua and Kaitira v. Reginam

4

Liufaifao'oa v. Malaita Customary Land Appeal Court

70

Nathaniel Waena v. Attorney General

29

Oloni and Fagasi v. Konairamo and Faaferoa

66

Peter Baru v. Reginam

132

Peter Wateoli v. Public Service Commission

25

Regina v. Johnson Kengalu and Moses Tagakule

153

Regina v. Paul Baekalia and Marcellin Saro

159

S.I. National Union of Workers v Honiara Town Council

43

Samson Poloso (On behalf of HM Salo Store) v Honiara Consumer Co-operative Society Ltd.

16

Stanley Bade v. Reginam

121

Tovua, Labu, Anisi, Bosali and Kona v. Meki, Ilala, Didi, James, Chaku, Pasi, Tawiha, Ocha and Earthmovers Solomons Ltd

74

Wallace Campbell v. Reginam

136

Wheeler v. The Attorney General

54

 

Affiliation, Separation and Maintenance

 

Maintenance orders

22

 

 

Appeal

 

Against acquittal

118

Against conviction

121, 128, 150

Bail pending appeal

7

Customary land appeal court, appeal from

70

Finding of fact by magistrate

128, 150

Following plea of guilty

121

Leave to appeal to court of Appeal

1, 7

Registrar, appeal from

16

Trade Disputes Panel, appeal from

25

 

 

Bribery

 

Election petitions, standard of proof

35

 

 

Children

 

Maintenance orders, reasonable needs of child

22

 

 

Civil Procedure

 

Body corporate, whether entitled to carry on proceedings by authorised officer

16

Customary land appeal court, costs in

70

Irregularity in judgment

16

laches

70

Non-compliance with rules, effect of

16

Registrar, appeal from

16

Standard of proof, election petitions

35

Writ of ne exeat regno

63

 

 

Constitutional Law

 

De facto office, whether common law doctrine has effect

99

Discrimination on grounds of sex

113

Discrimination on grounds of strike action

43

Election of Governor General

99

Election of Speaker

29

Inconsistency, effect of

25, 113

Public Service commission, functions of

25, 54

Public Solicitor Act, 1987, effect of

50

Royal prerogative, whether subject to Constitution

99

Speaker, duties and powers of

29

 

 

Criminal Law

 

Abusive words

118

Attempted murder

7

Burglary

121

Gross indecency

113

Murder, mens rea

1

Penal provisions inconsistent with Constitution

113

Public place

118

Sentence, see Sentence

 

 

 

Criminal Procedure

 

Alternative verdicts

121

Delays

142

Duplicity

121

Requirement of a written judgment

128

Withdrawal of charges

118, 142

 

 

Custom

 

Compensation for cutting trees

66

Election petitions, positions of custom in

35

Representatives of landowners, constructive trustees

78

 

 

Customary Land Appeal Court

 

Duty to advise litigants

70

Procedure as to costs

70

Timber rights, appeal from Area Council determination

74, 78

 

 

Customary Land

 

Jurisdiction of Magistrates' Court

66

Timber rights, acquisition of

74, 78

 

 

Customs and Excise

 

False declaration

159

Fraudulent evasion of duty

159

 

 

Education Act

 

Act, 1978

142

Revealing contents of examination paper

142

 

 

Elections

 

Election petition, allegation of bribery

35

 

 

Firearms and Ammunition

 

Importation of

159

Possession of

159

 

 

Forest Resources and Timber Utilisation

 

Act, Cap. 90

74, 78

Acquisition of timber rights

74, 78

Royalties, payment of

74

 

 

Governor General

 

Election of

99

De facto office

99

 

 

Guarantors

 

Commodities Export Marketing Authority, whether entitled to act as guarantor

39

 

 

Juvenile Offenders

 

Act, 1972

136

Conditional discharge under

136

 

 

Legal Practitioners

 

Act, 1987

16

 

 

Local Courts

 

Customary land, exclusive jurisdiction

66

 

 

Magistrates' Courts

 

Discharge

118

Discretion to allow withdrawal of charge

118, 142

Jurisdiction over customary land

66

Maintenance orders, reasonable needs of child

22

Requirement of a written judgment

128

 

 

Parliament

 

Attorney General, power to give legal advice

29

Election petitions

35

Governor General, election of

99

Speaker, duties and powers of

29

Speaker, election of

29

Speaker, power to rule on points of order

29

 

 

Practice

 

Body corporate, whether entitled to carry on proceedings by authorised officer

16

Writ of ne exeat regno

63

 

 

Public Office

 

Attorney General, whether holder of public office

29

Contract office holding

54

Holder of, whether qualified for election

29, 99

unpaid

99

 

 

Public Solicitor

 

Act, 1987

50

Discretion to provide legal aid

50

 

 

Public Service Commission

 

Duty to act fairly

 

Natural justice

 

Power to terminate public officers

 

Regulations

 

Right of Appeal from

 

 

 

Road Traffic

 

Act, Cap. 19

128, 132, 134, 139

Defective brakes, causing and permitting

139

Disqualification

132, 139

Driver by occupation

132

Driving under the influence of liquor

128

Driving whilst disqualified

132

Imprisonment, when appropriate

132

 

 

Sentence

 

Attempt, punishment of

4, 7

Attempted rape

4

Attempted murder

7

Burglary

121

Communal work

136

Concurrent sentences

121, 134

Conditional discharge

136

Consecutive sentences

121, 134

Disqualification from driving

132, 139

Driving whilst disqualified

132

False pretences

134

First offender

148