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High Court grants an order of mandamus, directing the District Court to state a case to the High Court regarding the conviction of an individual for possession of stolen property. The District Court had previously refused to certify a case stated on the grounds that the question of law was frivolous. The High Court found that the question of whether there was sufficient evidence to support the conviction was a legitimate question of law and not frivolous, thus warranting the order of mandamus.
Mandamus, possession of stolen property, sufficiency of evidence, frivolous question of law, Summary Jurisdiction Act 1857, Criminal Justice (Theft and Fraud Offences) Act, 2001, right to silence, inferences from silence, order of mandamus, case stated, High Court, District Court, statutory right of appeal, conviction, burden of proof, inculpatory statements, contradictory statements, appeal by way of case stated, presumption of innocence.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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