In the Irish Courts
| Date | 01 January 1966 |
| DOI | 10.1177/002201836603000106 |
| Published date | 01 January 1966 |
| Subject Matter | Article |
In the Irish Courts
COURT
OF
APPEAL
IN
NORTHERN
IRELAND
JUDICIAL DISCRETION TO STAY PROCEEDINGS
R. v. Williams and Wilson
THE appellants in this case (1965, N.J. 52)were first charged
with demanding money on forged documents contrary
to s. 7 of the Forgery Act, 1913, in
that
on two dates in 1962
they had, by means of forged invoices, induced
the
Ministry of
Commerce of Northern Ireland to pay money to Seenozip &
Co. to
the
total of about £4,9°0 and on another date had
endeavoured to obtain afurther £5,5°0.
When
indicted for
these offences, they first pleaded not guilty,
but
eventually they
pleaded guilty and asked the court to take into account further
sums amounting to £25,000.
The
forged documents purported
to be invoices of the sale of machinery by a Swiss company to
the
two defendants and a bank statement
that
the
currency had
been transferred for
the
transaction.
The
machines were to
be installed in Northern Ireland and agovernment subsidy
paid.
In
fact,
the
documents related to a much earlier purchase
of machines and for a smaller amount.
Their
counsel having
urged
that
the
offences were of a technical nature and
that
there
had been no intent to defraud, they were bound over for three
years and ordered to pay £30,000 by way of restitution.
They
were
then
indicted on similar charges to the effect that on
certain dates in
1961
and on a date in 1962 they had fraudu-
lently procured
the
payment to the Company of sums amount-
ing to £35,000.
The
depositions and
the
evidence at the trial
revealed
"a
distinct, deliberate and carefully prepared" fraud
and on conviction they were sentenced to terms of imprison-
ment. At
the
outset of
the
second trial, their counsel
had
objected
that
the Crown, having at first elected to proceed on
the
other charges and having at
that
trial
put
to
the
prisoners
charges involving other sums so paid, could not now properly
so
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