1. Foreword: The following judgment of the Supreme Court deals with an affair which lies on the periphary of criminal law, but nevertheless may serve as a means of raising a few problems which are of crucial importance in the sphere of penal law. These problems are all attached to one of the two central pillars of every crime, namely: the actus reus. We shall try to prove that even though this concept is well-known and hackneyed, it still contains many deficiencies and is a source of misunderstandings.
First, we shall try to expose the deficiency in the judgment itself, and then we shall proceed to a broader consideration of the perversions in the definitions of the actus reus of certain crimes in the legislation.
2. The Judgment: The matter under trial was as follows: The official receiver (the respondent) applied to the District Court for an order according to sees. 130 and 131 of the Bankruptcy Ordinance to bring the appellant, who is a bankrupt, to trial for offences under these sections. The appellant was invited to the proceedings on that application, gave evidence at the hearing, and after the respective arguments of the parties had been heard, an order was granted by the Court as required by the applicant.