1964_CRIMINAL_PROCEDURE_ORDINANCE — Page 32

1988 Ed.]

Criminal Procedure

[CAP. 221

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(4) Where no certificate in Form 7 is available the court or magistrate may order that the person before the court shall have his finger-prints taken and that such a certificate shall be prepared.

(5) Where it is desired to prove a conviction in any other part of the Commonwealth, the court or magistrate may accept a certificate in Form 6 purporting to be signed by the person stated therein to be the person having control of the relevant criminal records, and such certificate shall be evidence of the facts stated therein.

Proof on trial of plea of autrefois convict or acquit

(Replaced, 31 of 1958, s. 2)

64. On the trial of an issue on a plea of autrefois convict or autrefois acquit, the depositions transmitted to the Registrar or Attorney General on the former trial, together with the judge's notes, if available, and the depositions transmit- ted to the Registrar on the subsequent charge, shall be admissible in evidence to prove or disprove the identity of the charges.

65. [Repealed, 5 of 1971, s. 12]

Proof of criminal intent

(Amended, 6 of 1954, s. 7)

65A. (1) A court or jury, in determining whether a person has committed an offence-

(a) shall not be bound in law to infer that he intended or foresaw a result of his acts or omissions by reason only of its being a natural and probable consequence of those acts or omissions; but

(b) shall decide whether he did intend or foresee that result by reference to all the evidence, drawing such inferences from the evidence as appear proper in the circumstances.

(2) In this section, "court" includes the District Court and a magistrate. (Amended, 35 of 1976, s. 9)

( Added, 5 of 1971, s. 6) [cf. U.K. 1967 c. 80, s. 8]

Proof by written statement

65B. (1) In any criminal proceedings, other than committal proceedings, a written statement by any person shall, subject to the conditions contained in subsection (2), be admissible as evidence to the like extent as oral evidence to the like effect by that person.

(2) A statement may be tendered in evidence under subsection (1) if- (a) the statement purports to be signed by the person who made it;

(b) the statement contains a declaration by that person to the effect that it

is true to the best of his knowledge and belief;

(c) before the hearing at which the statement is tendered in evidence, a copy of the statement is served, by or on behalf of the party proposing to tender it, on each of the other parties to the proceedings; and