Quarterly Summary
| DOI | 10.1177/002201836202600311 |
| Date | 01 July 1962 |
| Published date | 01 July 1962 |
| Subject Matter | Article |
Quarterly Summary
(Extended
reports
of
some
of
the
cases
here summarized will be given in
our next issue.-Editor)
POLICE
RECORD
NOT
HEARSAY EVIDENCE
R.
v. Cummins
ON a charge of stealing a police constable gave evidence in
rebuttal of
the
defendant's evidence as to
the
time of
his arrest.
The
constable, in order to fix
the
time, testified as to
the time of the receipt of a wireless message from Scotland
Yard by a police car, referring to his note-book in which he
recorded
the
messages and
the
time of origin.
The
Court
of
Criminal Appeal held
that that
part
of his evidence was not
hearsay
but
direct evidence in
that
he had brought into
existence anote which read as he said it did.
It
was no more
hearsay
than
when any other witness was called to say what he
wrote down on a certain occasion in his book.
It
was
true
that
the
message noted down was one of which
the
time of origin
was a particular time. (7th May, 1962.)
BURDEN OF PROOF OF
PARKING
OFFENCE
Funnell v. Johnson
The
Divisional
Court
allowed
the
prosecutor's appeal
against dismissal of an information for causing a vehicle to
wait in a restricted street, contrary to regs. 3
and
15 of
the
London
(Waiting and Loading) (Restrictions) Regulations,
1958.
The
defence was that
the
defendant was loading and
unloading at the time and
that
the prosecution had
not
proved
that
there was no collecting or delivery of goods (which would
have been an answer
under
the regulations).
The
justices were
wrong in holding
that
there was no case to answer.
The
offence
was leaving a vehicle in a restricted street and to
that
offence
there was an exception
that
a vehicle could wait for
the
pur-
poses of loading
and
unloading. However, it was for the
defendant to prove
that
he was waiting for
that
purpose,
not
only on
the
ground
that
it was for him to prove
that
the
exception applied to
him
but
also because there were matters
which were peculiarly within his knowledge. (17th May, 1962.)
236
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