Quarter Sessions
| DOI | 10.1177/002201836703100302 |
| Published date | 01 July 1967 |
| Date | 01 July 1967 |
| Subject Matter | Article |
Quarter Sessions
THE RIGHT TO CHANGE A PLEA
R. v. Gould
IN a recent case at
the
Inner
London Sessions, the Court's
refusal to allow a change of plea to an indictment was
the
subject of
the
grant of a certificate of appeal to
the
Criminal
Division of the Court of Appeal.
The
defendant G was charged before Mr. O. S. Macleay,
the
Deputy Chairman, with bigamy, and on arraignment
pleaded guilty, in
the
absence of his Counsel.
The
plea having
been recorded, Counsel later applied to have
the
indictment
put
again so that G could retract and plead not guilty.
The
grounds were
that
the defendant had a good defence in law
on
the
grounds that he had a reasonable and bonafide belief,
though erroneous, that he had been divorced by his wife.
The
judge refused to allow
the
change of plea on the
grounds that, on
the
authority of Wheat v. Stocks (1921, 2
K.B.
119), this would not be a defence, and he distinguished
R. v. King (1963, 3
All
E.R. 561), which was quoted by
Counsel in support, on the grounds
that that
case applied
only to cases involving a bonafide belief in the invalidity of
the
first marriage, as opposed to a valid one later dissolved by
divorce.
At
the
time of writing, the case has not yet been heard by
the Court of Appeal.
APPEAL COMMITTEE OF LOCAL AUTHORITY
Licensee
of
the Farmers' Arms v. Bolton Corporation
The
Farmers' Arms is a small, centrally situated public
house in Bolton near the infirmary gates. Within are several
rooms and passages to which the public has access.
The
licensee (and
the
brewers) applied to the local authority for a
fruit machine to be allowed on the premises: of the sort which
takes 6d. pieces, and where prizes are shillings or, occasionally,
a five shilling voucher to be spent at
the
public house.
164
To continue reading
Request your trial