R v Benjamin Woodward

JurisdictionEngland & Wales
Judgment Date01 January 1862
Date01 January 1862
CourtCrown Court

English Reports Citation: 169 E.R. 1329

Crown Cases

Regina
and
Benjamin Woodward

S. C. 31 L. J. M. C. 91, 5 L. T 686; 26 J. P. 116, 8 Jur. N. S. 104; 10 W. R. 298; 9 Cox C C. 95 Referred to, Brook v. Hood, 1871, L. R. 6 Ex. 89.

[122] 1862 reuina v. benjamin woodward (The prisoner was convicted of receiving stolen goods The thief delivered the goods to the prisoner's wife in the absence of her husband ; and she paid him sixpence on account. Afterwards the prisoner met the thief, and, with a guilty knowledge,, agreed with him for the price, and paid the balance. Held, that the conviction was right.) [S. C. 31 L. J. M. C. 91 , 5 L. T 686; 26 J. P. 116, 8 Jur. N. S. 104; 10 W. R. 298 -T 9 Cos C C. 95 Referred to, Brook v. Hook, 1871, L. R. 6 Ex. 89.] T]he following case was stated by the Chairman of Quarter Sessions for the j county of WMta. At the Qiarter Sessions of the Peace for the county of Wilts, held at Marl borough, 1330 REGINA V.BENJAMIN WOODWARD LE. & CA. 123. on the 16th day of October, 1861, before me, Sir John Wither Awdry, Knight, and o tiers, my fellows, Benjamin Woodward, of Trowbndge, in the county of Wilts, dealer, was found guilty of receiving stolen goods, knowing them to have been stolen, and was tleieupon sentenced to nine calendar months' imprisonment with hard labour in the county gaol, where the prisoner now is, undergoing his sentence. The actual delivery of the stolen property was made by the principal felon to the prisoner's wife in the absence of the prisoner, and she then paid sixpence on account ; but the amount to be paid was not then fixed. Afterwards the prisoner and the principal met, agreed on the price, and prisoner paid the balance Guilty knowledge was inferred from the general circumstances ot the case. It was objected that the guilty knowledge must exist at the time ot receiving, and that this was the time of the delivery to the wife , and that, when the wife received the stolen property, guilty knowledge could not have come to the prisoner. The Court overruled the objection, and directed the jury that, until the subsequent meeting, when the act of the wife was adopted by the prisoner, and the price agreed upon, the receipt was not so complete as to exclude the effect of guilty knowledge acquired at tiat meeting. [123] If the Court shall be of opinion that the above direction was correct, the conviction to stand confirmed , but if the Court should be of a contrary opinion, then the conviction to be quashed This case...

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