R v William Sleep
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1861 |
| Date | 01 January 1861 |
| Court | Crown Court |
English Reports Citation: 169 E.R. 1296
Crown Cases
S. C. 30 L. J. M. C. 170, 4 L. T 525, 25 J. P 532; 7 Jur. N S 979, 9 W. R. 709, 8 Cox C. C. 472 Referred to, R v. Prince, 1875, L R. 2 C. C R. 154, R. v. Tolson, 1889, 23 Q. B. D. 168, Blaker v. Tillstone, 1894, 63 L. J. M. C. 72
1861. regina v william sleep. {The prisoner was indicted, under the 9 & 10 Win III. c. 41, s 2, for having been found in possession of naval stores marked with the broad arrow. The jury returned a verdict that the prisoner was found in possession of copper marked with the broad arrow ; that they had not sufficient evidence before them to shew that the prisoner knew that the copper was so marked ; but that he had reasonable means of knowing that it was so marked Held, that upon these findings the prisoner could not be convicted of the offence charged. Per Pollock C. B.-Where a doubtful point of law is raised upon a criminal trial, the Judge should direct the jury upon the point, and obtain from them a verdict of Guilty or Not guilty, and should then, if necessary, reserve for this Court the question, whether his direction was right in point of law ) [S. C. 30 L. J. M. C. 170 , 4 L. T 525 , 25 J. P 532 ; 7 Jur. N S 979 , 9 W. R. 709 , 8 Cox C. C. 472 Referred to, R v. Pnnce, 1875, L R. 2 C. C R. 154 , R. v. Tolsuu, 1889, 23 Q. B. D. 168 , Blaker v Tilhtone, 1894, 63 L. J. M. C. 72 ] The following case was reserved bv the Recorder of Plymouth. At the General Quarter Sessions of the Peace for the borough of Plymouth, holden on the 4th April, 1861, before Charles Saunders, Esquire, the Recorder, William Sleep was tried and convicted on an indictment charging him, upon the 2nd section of the statute 9 & 10 Wm. III. c. 41, with having been found in possession of naval stores marked with the broad arrow. The indictment was in the usual form [4] Mr Holds worth and Mr Cox were counsel for the Crown; Mr Carter and Mr. Lopes were for the prisoner. The prisoner was an ironmonger and brazier at Plymouth. On the 9th March he delivered upon the quay to the captain of a coasting vessel, the " Action," a cask to be carried from Plymouth to Helston in Cornwall The cask was marked R. P. in cfealk ; but, on being asked for better directions, the prisoner gave to the captain a piece of paper on which was written, " Richard Pascoe, Helston, Cornwall." Before the vessel sailed, two of the metropolitan police employed at the dockyard, Devpnport, aeieed the cask, which on being opened was found to contain 324 Ibs. weight of copper bolts in 150 pieces The cask was packed with straw and shavings , and'each piexje or bolt was packed with straw and shavings separately, so that the pieces could not rub together or make any noise The whole of the metal had the appearance of Government Stores, and of such stores as are not allowed to be sold ia.ftCA.48. BEGINA U.WILLIAM SLEEP 1297 in the dockyard. The greatest portion of it had been passed through the fire, and round bolts had been very nearly beaten square. On some of the pieces the mark of the broad arrow was visible in the state in which they were found , from others it was necessary to clean off the rust before it could be seen. A little over 50 Ibs. weiglt of the topper was marked with the broad arrow. After the seizure the prisoner was charged by the police with delivering a cask containing Government Stores to the captain of the " Action " The prisoner said, " Well, I did deliver a cask of metal; but I do not think it was marked." The prisoner was also told that tie oask of metal was wrapped in shavings and straw, and he said, " Yes, it is I packed it myself I do that to keep it from knocking the head of the cask out, as I have had complaints before, as some of [46] the casks on their arrival had their heads out." After this the cask of metal was shewn by the police to the prisoner, who was asked whether that was the cask he delivered to the captain l " Yes," he said, " I have no doubt of it." The prisoner was then shewn the mark of the broad arrow on some of the pieces, and asked how he became possessed of the copper, and he said, " No ; he did not know of whom he had bought it " There was no evidence given to justify or account for the prisoner's possession of the copper Upon these facts Mr Carter strenuously urged upon the jury that, in order to convict the prisoner, it must be shewn for the prosecution, not only that the prisoner had the marked copper in his possession, but that he also knew that the copper was marked with the broad arrow, citing a report of The Queen v Cohen from Cox's Criminal Cases, vol. 8, pt. 2, p. 41, and contending that this had not been done As prosecutions on the 2nd section of the statute 9 & 10 Win. III. are very frequent and important at Plymouth, and as cases of culpable ignorance and culpable negligence are as much within the mischief guarded against by the Legislature as where a particular knowledge of the Queen's mark upon the stores can be proved in the possessors, and as it has been held that possession of marked stores, to be excused, should be without any fault or misbehaviour in the possessor, the Recorder asked the jury, 1st Whether the prisoner was found in possession of copper marked with the broad arrow ? To which the foreman answered, " Yes " 2dly. Whether the prisoner knew that the copper or any part of it was so marked l To which the jury said, " We have not sufficient evidence before us to shew tha he knew it." [47] 3dly. Whether the prisoner had reasonable means of knowing that it was so marked ? To which they answered, " He had " Upon this finding of the jury a verdict of Guilty was recorded , and the question ib respectfully submitted to the Court for...
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