Quarter Sessions
| DOI | 10.1177/002201833700100102 |
| Date | 01 January 1937 |
| Published date | 01 January 1937 |
| Subject Matter | Article |
Quarter
Sessions
HABITUAL CRIMINALS
R. v. Paton
pROBABLY
one of the most difficult classes of offence
which Quarter Sessions have to try is that in which the
prisoner is charged with being an habitual criminal, and in
the case of R. v. Paton there is an interesting discussion,
in the Chairman's summing-up, on the meaning of the
word "
persistently"
in connection with this offence.
The
prisoner was charged in the first four counts in the indictment
with larceny, and was further charged with being an habitual
criminal.
The
prisoner pleaded guilty to the four substantive
counts of larceny and asked to have 28 similar cases of
larceny taken into consideration, all of which he admitted.
He had been at liberty for a period of nearly two years, and
during that time, it was admitted on behalf of the Crown,
he had been in two places of honest employment;
but
it was
pointed out that during those periods of honest employment
he was committing the crimes admitted in the 28 other cases
which he asked to be taken into consideration.
The
points
of material interest in the Chairman's summing-up are as
follows
:-
" I must tell you, that when you come to deal with the
consideration whether he (the prisoner) is persistently leading
adishonest or criminal life, the time to look at is the time of
his arrest
...
that is the time which you have to give your
attention to, as the material time at which you have to find
whether he was persistently leading a dishonest or criminal
life
...
and it leaves the question for you to determine, is
he or is he not leading a persistently dishonest or criminal
life? But the word ' persistently' is one which requires very
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