Recent Judicial Decisions
| Date | 01 November 1967 |
| Published date | 01 November 1967 |
| DOI | 10.1177/0032258X6704001110 |
| Subject Matter | Article |
football crowds that is hidden from the untrained observer but it
does seem that football attracts too many undesirables unable to
exercise reasonable restraint. Of 18 men arrested at the most recent
Rangers v. Celtic game, 12
had
previously broken
the
law.
Perhaps the flower people have something.
PROFESSOR
J.
C.
WOOD,
LL.M.,
The
University
of
Sheffield
Legal Correspondent
of
The Police Journal
LARCENY
AS A
SERVANT
-
EMBEZZLEMENT
R.
v. Driscoll [1967] 3 W.L.R. 1143 Court of Appeal
Driscoll was the manager of a garage at Chipperfield for the
period from February, 1965, until his dismissal in January, 1966.
At the end of this employment it was found that a large sum of
money was missing, the fruit of the takings of the last few days.
Takings should, according to instructions, have been banked each
day.
Driscoll was indicted on specific charges covering the period
June, 1965, to January, 1966. Count 1 was embezzlement on June
21, 1965, of £70; count 7, larceny as a servant on January 7, 1966,
of £115. Counts 8 and 9, similar charges relating to other days.
The appeal related to these four counts, it being claimed that they
were not supported by the facts. Other more general objections
were taken to the conduct of the trial.
Count 1related to an incident which arose when a dissatisfied
customer bought aDormobile for £75. This sum which came
into Driscoll's hands was never accounted for; it disappeared.
The customer demanded his money back and to satisfy him
Driscoll, about six weeks after the sale, made over £70 he
had
received for another vehicle.
That
£70 was paid to his em-
ployers and
had
reached their possession before being handed over.
On appeal the summing up on this point was attacked in that it .
took a general approach that the basic issue was dishonesty. The
appellant
had
said that he
had
banked the £70 but it was pointed
out to the jury that if they accepted the prosecution's facts the
crime was larceny. The later defence, raised at the appeal, that
the £70 was properly used to discharge the employer's debt, was
November 1967 529
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