Quarterly Summary
| DOI | 10.1177/002201835702100115 |
| Published date | 01 January 1957 |
| Date | 01 January 1957 |
| Subject Matter | Article |
Quarterly Summary
(Extended reports
of
some
of
the
cases
here summarised
will be given in our next issue.-Editor)
NOTES OF EVIDENCE REFUSED TO APPELLANT
R.
v. Grech
THE applicant, who had been convicted of housebreaking
and larceny, applied to the Court of Criminal Appeal for
a copy of
the
transcript and notes of evidence in the later case
of two other persons who were convicted of conspiracy to
pervert
the
course of justice. Proceedings were contemplated
under s. 19 of
the
Criminal Appeals Act, 1907, by way of a
petition to the Home Secretary
that
might have led to a
reference back to the Court on behalf of
the
applicant.
It
was submitted
that
he was
"a
party interested", to whom a
copy of
the
transcript could be furnished
under
s. 16 of
the
Act as it was his complaint which led to the prosecutions in
the
later case.
The
Court refused
the
application on
the
ground
that
the
applicant was not
the
prosecutor in
that
case
and
that
if he were appealing to
the
Home Secretary for
the
exercise of
the
prerogative it was for the Home Secretary to
arrange for a transcript.
Under
s. 16(2) the latter might
require atranscript of the proceedings, and he could do what
he liked with it. (19th November, 1956.)
ABSENCE OF WITNESS NO GROUND FOR APPEAL
R.
o, Musial
In
an application for leave to appeal against aconviction
at quarter sessions of storebreaking and stealing lead it was
argued that the applicant had an alibi which showed that he
could not possibly have committed the alleged offences.
It
was
90
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