Review: Road Traffic Offences
| DOI | 10.1177/002201835702100305 |
| Date | 01 July 1957 |
| Published date | 01 July 1957 |
| Subject Matter | Review |
234
THE
JOURNAL
OF
CRIMINAL
LAW
awharf.
It
was proved
that
the employee collected the coal
from
the
wharf
and
put
it into his employer's sacks on his
employer's cart. Thereafter he abstracted some coal from the
sacks.
On
his being convicted of larceny the case was con-
sidered by the
Court
of Crown Cases Reserved.
In
the
course
of an elaborate
judgment
reviewing the older authorities
Lord
Campbell C.J. stated
that
when the employee
put
the coal into
his employer's sacks it thereupon came into the constructive
possession of the employer
and
the subsequent removal of
the
coal constituted alarceny.
If
the coal had been wrongfully
appropriated by the employee before he
put
it into the sacks
that would have been embezzlement. Applying
that
decision
to the present cases
Lord
Goddard
said
that
once
the
contents
of
the
dustbins was in sacks on the Corporation dust cart it
was in the constructive possession of the Corporation. Con-
sequently the subsequent abstraction of
the
rags
and
other
articles alleged to have been stolen amounted to larceny.
Review
ROAD TRAFFIC OFFENCES. Second Edition. By G. S. Wilkinson. London:
The
Solicitors' Law Stationery Society
Ltd.
Price 35s. net.
The
second edition of Mr. Wilkinson's book is nearly half as big again
as the
first-a
growth due not only to the addition of new statuteand caselaw
but
also to the author having re-written many of the sections. Those on
permitting and using have, indeed, been very much improved.
The
chapter
on "special reasons" has been much shortened because of the repeal of
compulsory disqualification in insurance cases. Mr. Wilkinson has spared
no pains in seeking guidance on points of interpretation and
both
Scottish
and Irish cases are referred to along with High Court decisions.
The
chapter
on Penalties, Endorsements and Disqualifications is excellent and contains
all
that
need be known on the subject. A carefully compiled index closes a
book which is rapidly becoming a standard book of reference. At its moderate
price it is a good buy; both clerks to justices and advocates will find it a
reliable reference book on many difficult points.
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