Offences and Case Law
| DOI | 10.1177/0032258X5602900312 |
| Published date | 01 July 1956 |
| Date | 01 July 1956 |
| Subject Matter | Article |
222
THE
POLICE
JOURNAL
other thirteen accused. They were, however, subsequently released
as there had been evidence that, although they did assist in the piracy,
they did so almost under duress, since their status was little better
than that
of
slaves. The Crown, moreover, did not propose to offer
any evidence against them at a retrial.
Sa'ad bin Sa'id bin 'Ali appealed to Her Majesty's Court of Appeal
for Eastern Africa at Nairobi, but the appeal was dismissed. The
Court, however, observed that the charge of piracy was an unusual
one and as the charge did not specify the source of jurisdiction it
thought it right to examine the power of the Supreme Court of Aden
to try a case of piracy committed on the High Seas, and the legal
sentence provided for this offence.
It
was satisfied that the Court
had jurisdiction and that the sentence imposed was a legal one. The
Court of Appeal went on to note the allegation in the charge that the
piracy took place on the High Seas, to wit in the Gulf
of
Oman,
namely upon waters within the "power, authority, or jurisdiction
of
the Admiralty," and it observed that jurisdiction to try the offence in
aColonial Court was accordingly conferred by the Admiralty Offences
(Colonial) Act, 1849 (12 &13 Viet. C.96), together with the Courts
(Colonial) Jurisdiction Act, 1874, (37 &38 Viet. C.72). As regards
sentence, since in the commission of the piracy it was neither alleged
.nor proved
that
either before or during the course
of
the piracy was
any act done with intent to murder or endanger the life of any person
on board the pirated ship, the offence charged was
not
a capital one
and the proper sentence for the Court to pass was one of imprisonment
(section 2
of
the Piracy Act, 1837, 7 Will., 4, &C.I Viet. C.88).
Offences and
Case
Law
By
A
BOROUGH
CHIEF
CLERK
XVII.--TRADlNG
ON PROSTITUTION: SECTION IVAGRANCY
ACT,
1898
Every male person
who:-
knowingly lives wholly or in part on the earnings of prostitution.
"Living wholly or inpart."
Early this year the national newspapers carried such headlines as
"Statute of 1898 Protects the Vice Flats," and "Judge Acquits Soho
Landlords." This was the result of a hearing lasting nearly three weeks
at the central Criminal Court when verdicts of not guilty were returned
by the jury in the case of eight men who were charged with living
wholly or in
part
on the earnings of prostitution, and one woman who
was charged with aiding and abetting them to commit that offence.
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