A Common Law Conspiracy
| Date | 01 October 1936 |
| DOI | 10.1177/0032258X3600900414 |
| Published date | 01 October 1936 |
| Author | F. Elmes |
| Subject Matter | Article |
ACommon Law Conspiracy
By
CONSTABLE
F.
ELMES
Dorsetshire Constabulary
STATUT E Law has increased to such an extent during
the past two or three decades that
our
Common Law
has largely fallen into disuse.
The
time may come when it
will be dispensed with entirely, but, at present, there are still
occasions when it can be used as the most convenient vehicle
for Justice. One great advantage it has over Statute Law,
inasmuch as the circumstances in the case of Statute Law
offences have to square with the wording and meaning of
the
Statute;
whereas in Common Law offences the charge
can, to a certain extent, be made to square with the
circumstances.
An outstanding example of the value of Common Law
in unusual circumstances can be found in the
"public
mischief"
charges which, during the past few years, have
proved so effective in checking the epidemic of bogus com-
plaints of assault, robbery, and other crime.
An interesting case in which resort was had most
successfully to Common Law occurred at Dorchester early
in 1934.
In
itself the actual offence was not unusual, con-
sisting as it did of the very common fraud of inducing members
of the public to purchase an inferior article at a superior
price on the promise of reward through a " free
gift"
or
"
bonus"
scheme.
Early in January a team of canvassers, about six in
number, descended upon Dorchester and made practically
house to house calls.
They
were offering for sale tea which they
described as of the finest quality, with various other appella-
tions such as
"Choice
Blended"
and " Golden
Tips",
at
479
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