The Assizes
| Published date | 01 October 1946 |
| Date | 01 October 1946 |
| DOI | http://doi.org/10.1177/002201834601000403 |
| Subject Matter | Article |
The Assizes
PROPERTY
FOUND
IN
PRISONER'S
POSSESSION
R. v. Watts
~N
George
Watts
was tried-
at
the
Old Bailey in
September
last
on
an
indictment containing five
counts alleging
that
he
had
received stolen
property
know-
ing
it
to
be stolen
the
prosecution
did
not
prove
in
evidence
the
fact
that
four jemmies
had
been found in
the
car
con-
taining
the
stolen property. This evidence
had
been proved
at
the
Magistrates' Court as
the
prisoner
had
then
also been
charged
with
larceny.
He
had
been committed for trial,
however, only on
the
charges of receiving.
It
is sometimes adifficult question how
far
property
found in a prisoner's possession is admissible. Generally
the
fact
that
certain articles
have
been found in
the
posses-
sion of
the
accused
may
be given in evidence.
Thus
in
R. v. Froggatt (1910, 4
C.A.R.
115) Bucknill J. said
"His
counsel has contended
that
the
revolver
and
other
instru-
ments found upon him
at
the
time
of his
arrest
[for larceny]
should
not
have been produced in evidence against him.
But
surely for years
it
has been
the
custom for police
witnesses who
arrest
prisoners
to
say
what
they
find upon
them. Such evidence is admissible,
but
its
weight is
another
matter
and
that
is for
the
jury".
But
it
was
pointed
out
in R. v. Taylor (1923,17
C.A.R.
109)
that
some
nexus
must
be established between
the
particular
thing
found
and
the
particular
offence charged.
In
that
case
the
prisoner was arrested
near
some premises
into
which
he
had
broken.
It
was held wrong
to
give in evidence
the
fact
that
a
jemmy
was subsequently found
at
his house.
So
it
was held
by
the
House of Lords in Thompson v.
D.P.P.
(1918, 13
C.A.R.
61)
that
on a charge of gross
indecency evidence given
at
the
trial
of
the
finding of
powder-puffs upon
the
person of
the
prisoner on arrest,
and
of indecent photographs of boys in his room, was
admissible on
the
issue of identity.
The
C.C.A.
had
'63
To continue reading
Request your trial