Recent Judicial Decisions
| Date | 01 January 1943 |
| DOI | 10.1177/0032258X4301600103 |
| Published date | 01 January 1943 |
| Subject Matter | Article |
RECENT
JUDICIAL
DECISIONS
9
Secondly, as to the next [,500in accordance with the General
Rule in section 5
(I)
of the Criminal Justice Administra-
tion Act, 1914;'and
Thirdly, as to the balance, to the National Exchequer.
At this juncture it is interesting to see how the
[,500,
after payment
of the costs, is appropriated.
This
is as follows (being a quotation from
the statutory reference named):
"(a)
in the first place, in the repayment to the informant or
complainant of any court or police fees paid by
him;
(b)
in the second place, in the payment of any court fees not
already paid by the informant or complainant which may
be payable under the table of fees set out in the First
Schedule to this Act;
(c)
in the third place, in the payment of any police fees not
already paid by the informant or complainant; and
(d) the balance (if any) remaining after the aforesaid pay-
ments have been made shall be paid to the fund or person
to which the fine is directed to be paid by the enactments
relating to the offence in respect of which the fine was
imposed, or if there is no such fund or person,
then
to
the fund into which the court fees are paid."
The
expression"
police
fees"
means (by section 5(2) of the Act)
all duly authorised fees payable to any constable in the execution of his
duty.
Recent Judicial Decisions
MANSLAUGHTER BY NEGLECT
R. v. Bonnyman
MANSLAU GH T ER by negligence is probably the commonest
form of manslaughter since the invention of the internal com-
bustion engine. Comparatively rare is what may be called manslaughter
by neglect, in the sense of a failure to render proper care and attention
by one who isunder aduty to lookafter the deceased.
In
R. v, Bonnyman
(86 S.J. 274) the accused owed this duty both as a husband and a
physician.
The
Court of Criminal Appeal referred to the famous case
of R. v. Charlotte Smith in 1865, the leading decision on the subject, in
which the employer of a maidservant caused her death by unhealthy
conditions of work and shameful neglect.
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