Dalton v H. M. Advocate
| Jurisdiction | Scotland |
| Judgment Date | 14 March 1951 |
| Date | 14 March 1951 |
| Docket Number | No. 14. |
| Court | High Court of Justiciary |
HIGH COURT.
Lord Justice-Clerk. Lord Mackay. Lord Patrick.
Crime—Attempt to pervert course of justice by attempting to induce the withholding of information from police.
Held that an attempt to pervert the course of justice by trying to induce a possible witness to withhold information from the police while investigating a crime constituted a crime in the law of Scotland.
Alexander Harry Dalton was charged in the Sheriff Court, Glasgow, on an indictment at the instance of His Majesty's Advocate which set forth, inter alia, that "(8) on 12th May 1950, in the premises occupied by Fateh Mohamed, at 208 Garscube Road, Glasgow, you did pretend to Theresa Sharkey or Sally, 8 Woodhill Street, Glasgow, that you were a friend of William Wilson, then in custody on a charge of theft from the said Fateh Mohamed, and in connexion with which charge she was an eye-witness, that you desired her to help him and that if she would refrain from identifying John M'Guinness, then wanted
by the police as also involved in said charge, it would help the said William Wilson [and you did further, in pursuance of your purpose to induce or compel the said Theresa Sharkey or Sally to so refrain from identifying the said John M'Guinness, threaten that if on the other hand she did identify him you would induce a man or men named by you, and who were indicated by you to be of criminal tendencies, to assault her] and you did thus attempt to [intimidate her and] pervert the course of justice."
The accused pleaded not guilty but, after trial before the Sheriff-substitute (Kermack) and a jury on 21st and 22nd December 1950, he was convicted, inter alia, on charge (8) under deletion of the words printed in square brackets.
From the evidence it appeared that a theft had been committed in the shop of Fateh Mohamed by four persons, one of whom, Wilson, had been arrested on the spot by the police. Mrs Sally, an employee of Mohamed, was present at the time. Two days afterwards the accused paid two visits to the shop. Mrs Sally's evidence was, briefly, that on the first visit he said that he was a friend of Wilson, whom he wished to help, that she was the one who could help and that she could do so by refraining from identifying at the police parade one of the other men implicated, and he hinted that, if she did not do so, she might be assaulted by certain men. She asked for an hour to consider the matter, to which the accused agreed, and she consulted her employer. On the second visit in the afternoon he repeated his request, but told her that nothing would happen to her if she refused to comply with it. The accused was then arrested by the police, with whom Mohamed had communicated. The accused in giving evidence denied that he had ever made the request deponed to by Mrs Sally and explained that his calls at Mohamed's shop had been made in the course of his business as a manufacturer's agent. No third party was present at either of the interviews.
In a note of application for leave to appeal against his conviction and sentence, the reasons of appeal (as amended) included the following:—"(2) That there was insufficient evidence to warrant a conviction on charge No. 8 in respect that there was no corroboration." "(5) That on charge No...
To continue reading
Request your trial
-
Reference By Hma Against Clb
...Russell repeating (at 87) the need to corroborate “any essential fact”. [77] Dalton v HM Advocate (HCJAC, 14 March 1951) is reported (at 1951 JC 76 and SLT 294) on a limited point with which this appeal is not concerned. The unreported opinion of Lord Mackay is of some note. The appellant w......
-
Her Majesty's Advocate V. Mark Harris
...of evidence (Waddell v MacPhail 1986 SCCR 593; Carney v HM Advocate 1995 JC 11; Johnstone v Lees 1994 SCCR 687; Dalton v HM Advocate 1951 JC 76; HM Advocate v Mannion 1961 JC 79). As regards charge (12), the course of justice began when the speeding offence was deliberately committed, resul......
-
HM Advocate v Harris (No 2) [Appeal Court, High Court of Justiciary]
...HCJAC 55; 2010 JC 297; 2010 SLT 683; 2010 SCCR 657; 2010 SCL 761 Carney v HM AdvocateSC 1995 JC 11; 1995 SLT 1208 Dalton v HM AdvocateSC 1951 JC 76; 1951 SLT 294 Dean v Stewart 1980 SLT (Notes) 85 Grant v AllanSCUNK 1987 JC 71; 1988 SLT 11; 1987 SCCR 402 Harris v HM AdvocateSCUNK [2009] HCJ......
-
HM Advocate v Turner
...102; 2011 JC 125; 2010 SCCR 931; 2011 SCL 54; 2010 GWD 35-724 Advocate (HM) v Mannion 1961 JC 79; [1962] Crim LR 775 Dalton v HM Advocate 1951 JC 76; 1951 SLT 294 Davidson v HM Advocate 1990 SCCR 699 Dean v Stewart 1980 SLT (Notes) 85 Hanley v HM Advocate [2018] HCJAC 29; 2018 JC 169; 2018 ......