Riding or Driving to the Danger of the Public
| Author | Gilbert Garforth |
| Published date | 01 July 1950 |
| Date | 01 July 1950 |
| DOI | 10.1177/0032258X5002300307 |
| Subject Matter | Article |
202
THE
POLICE
JOURNAL
Haigh's excuses for a series of carefully planned killings for gain by
asking: ' Does he really think he will not be punished; that if he is
caught stealing, or killing anything else, that he will not be punished? '
The
psychiatrist at first said that he was not prepared to answer what,
in fact, was the only question concerning the
Court-'
Did
accused
suffer from a defect of reason because of disease of the brain so that,
at the time of killing, he either did
not
know what he was doing or
(if he did know)
that
it was wrong.'
Under
cross-examination by
Sir Hartley Shawcross he suffered devastating damage to the psychia-
tric excuses he had
put
forward on behalf of Haigh, and finally admitted
that he thought accused did know that what he was doing was punishable
by law.
It
was a hopeless kind of defence, and one could only feel sym-
pathy for a distinguished and able Counsel who had the task of arguing
it before a plain lay jury under the direction of a shrewd and experienced
Judge of the criminal bar.
The
jury took only some eighteen minutes .
to consider their verdict.
It
was'
Guilty.' No appeal was lodged, and
Haigh was executed at Wandsworth Prison on August loth, 1949.
Riding
or
Driving
to the Danger of the
Public
By
SERGEANT
GILBERT
GARFORTH
East
Sussex
Constabulary,
Hove
(Continued from page 129)
OFFENCES
AGAINST
THE
PERSON
ACT,
1861-SECTION 35
IF bodily harm is caused to any person as a result of Wanton or
Furious driving, this Section creates an Indictable Misdemeanour and
provides punishment not exceeding two years' imprisonment.
This
Section reads as follows:
"Whosoever
having the charge of any carriage or vehicle
shall, by wanton or furious driving or racing or other wilful
misconduct or by wilful neglect, do or cause to be done any bodily
harm to any person whatsoever."
I.
This
Act is similar to the Stage Carriage Act, 1832, in respect to
the place where the offence can be committed. A search through our law
books fails to assist us; therefore, in the absence of any mentioned place,
we presume
that
the offence can be committed anywhere, no matter
whether the incident takes place on public or private property.
2. Although this offence is a serious one and is classified as an
Indictable Misdemeanour, the Offences Against the Person Act, 1861,
does not give any person power to arrest without warrant.
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