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…In so far as the sentence passed on the appellant did not include an order for hard labour as required by Section 278 of the Penal Code it is unlawful.…

…Reynolds was unlawfully detained.” In that case not only were there no grounds for detention shown in the statement but no grounds were shown in a subsequent inquiry and in an action for false imprisonment.…

…In the Ooko case, Rudd J, a most experienced judge came to a similar conclusion: “The plaintiff” he said “argued that failure to state sufficient detailed ground rendered his detention unlawful.…

…It is unlawful to do otherwise, of course, and unwise, too, because failure to comply with the judges’ Rules provides criminals with defences. Boyd Makintosh (ibid).…

…volition he went along with the rest of the group knowing (if the statement is to be believed) that firearms would be necessary to accomplish the purpose envisaged, which, even if not murder at its inception, was clearly an unlawful…

…However, that was a decision on common intent and it was held that the fact that the appellants were acting under orders which were obviously unlawful could not have the effect of relieving them from criminal responsibility…