Quarterly Summary
| DOI | 10.1177/002201836302700113 |
| Published date | 01 January 1963 |
| Date | 01 January 1963 |
| Subject Matter | Article |
Quarterly Summary
(Extended reports
of
some
of
the
cases
here summarized will be
given in our next issue.-Editor)
INCITING
TO RECEIVE
R.
v. McDonough
Aconviction of inciting to receive stolen goods was upheld
even though at
the
material time there were no goods for
the
incited person to receive.
The
fact
that
there were no goods at
the
time of
the
incitement did not stop
the
charge being made.
There
has apparently been no earlier reported decision on
the
point,
but
the
Court of Criminal Appeal thought
that
there
was only one answer to
the
point raised on
the
appeal. (z
rst
November, 1962.)
BINDING
OVER PROCEDURE
R. v. Finch
On
aconviction of inciting to commit anuisance
the
chairman of quarter sessions said:
"I
am going to bind you over
for three years on your own recognizances of £25 to be of good
behaviour, which means
that
if
you behave
that
is
the
end
of
the
matter.
If
you do
not
it will be different next
time".
The
applicant was later guilty of conduct which amounted to
breach of recognizances,
but
the
Court of Criminal Appeal
held it would be wrong to impose asentence for
the
original
offence,
the
applicant not having had it made clear to him at
the
time
that
he could be brought back and dealt with for
the
original offence. So far as sentencing him for
the
original
offence, whether strictly as a proposition of law or as a
matter
of procedure,
the
court was functus
officio
not in
the
technical
sense
but
as a matter of fact, having already dealt with him.
(arst
November, 1962.)
ACCESSORIES AFTER FACT TO RECEIVING
R.
v. Andrews
This
is another case in which aconviction of being an
accessory after
the
fact of receiving was quashed.
It
was
77
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