Recent Judicial Decisions
| Author | W. H. D. Winder |
| Published date | 01 November 1966 |
| Date | 01 November 1966 |
| DOI | http://doi.org/10.1177/0032258X6603901110 |
| Subject Matter | Article |
grown to nine - and then there was Gert, who was worth any nine
men in a fight. A bit one-sided, I concluded.
My chance came earlier than I had hoped for.
"The
beer's cut
- no beer". There was an immediate demand for fresh supplies
and I supplied the solution.
"Let's
get some
more".
Two of
my sponsors agreed to visit a nearby hotel to buy more liquor.
"I'll come
too".
So I left the house. I got lost from the buyers of the illicit
liquor. The butterflies disappeared and the air suddenly smelled
sweeter - even in Wellington's Te Aro slums.
W.
H.
D.
WINDER,
M.A.,
LL.M.
Legal Correspondent of the POLICE JOURNAL
SUSPECTED
LOrrERERS
Fraser v. Heatly
It
applied to Scotland by the Prevention of Crime Act,
1871),
for a
suspected person or reputed thief to loiter with intent to commit
felony. The English decisions interpreting this statutory offence
were followed and applied by the Scottish High Court of Justiciary
in Fraser v. Heatly
[1966]
S.L.T. (Notes) 59, which is, therefore, a
case of interest in both countries. Two persons were charged that
being suspected persons they loitered in a street with intent to
commit felony. They were seen walking in the street and stopped
at a parked car. Their conduct up to this time had given rise to no
suspicion. They tried the door handles of that car which appeared
to be locked. They carried out the same procedure with three
other cars and then returned to the first car where they were inter-
cepted, cautioned and charged. They were convicted of the statu-
tory offence but the convictions were quashed on appeal.
The English Court of Appeal in Ledwith v. Roberts X P.J. 8;
[1937]
1 K.B. 232 decided, among other things, that (1) the words
" suspected
person"
in s. 4 of the Vagrancy Act do not mean any
person whom a police officer thinks has been acting in a suspicious
manner, and (2) those words apply only to some person who, apart
from the particular occasion, has brought himself within the class
of suspected persons by reason of his antecedent conduct. The
November
1966 582
To continue reading
Request your trial