The Peeping Tom: A Practical Problem
| Published date | 01 April 1948 |
| Date | 01 April 1948 |
| DOI | http://doi.org/10.1177/0032258X4802100210 |
144
THE
POLICE
JOURNAL
influence who merely enters thevehicle for the
purpose-as
A
did-of
having a restfulnight aggravate thisstatus quo?
Before we come to a decisioninourminds letus firsttake the
other point of view.
Let
ustakethesame( non-lethal
weapon'
and
the same inebriated A.
If
he attempted to drive thevehicle despite
our accepting thefact that this at themoment is impracticable because
there is no ignitionkey available,wouldhe then be amenableto s. 15 ?
Possibly so,because anoffence canlegally beattempted although the
commission of thesubstantive offence is notpracticable.
In
this
respect we have the case of R. v. Brown (24 Q.B.D. 357 (overruling
R. v. Collins, 33
L.J.
177)) wherein itwas heldthat if a personputs
his hand into thepocket of another with intent to steal what he can
find andthepocketis empty,suchpersonmaybe properly convicted of
the attempt despite the fact that owing to the pocketbeing empty he
would have beenunabletocommit the substantive offence of larceny.
In
conclusion, mayI say that the objectof this articlehas beento
expose, so faras possible, theprosandcons of each of theproblems with
which we havebeenbeset, foras themaximgoes, "
There
arealways at
least two sides to every question
"-one,
may I suggest, the
obvious-
the other, the unperceived.
Is it not the latter which whets theappetite of the astute defence
and, maybe,sometimescauses an unhealthy rustle of papers and
turning of pages on theprosecutor's
bench-but
alas, it maybe too
late!
If
we had onlyanticipated thedefence.How true those words:
"A wise manintimeof peaceprepares for war."
So may I close this article by leavingwith readers two problems:
(I)
What mustapersonactuallydotobe( attempting to drive.' Is it
sufficient for him tosit in
the
driver's seat and hold the steering
wheel? Must he have released thebrake or attempted to do
so?
Must he have switched onthe ignition?
(2) Can a doctor called to examine aperson alleged to be(under
the influence while incharge, etc.,' legally give inevidencethe factthat
when he questioned the prisoner as to the nature and quantity of liquor
he had consumed that evening,he replied," Six or seven whiskies,"
bearing in mind the Judges' Rules and theestablished principles
relative to the questioning of personsin custody?
The
Peeping
Tom:
APractical Problem
THE term "Peeping
Tom"
seems to have comedowntous with
the legend of Lady Godiva's famous ride through the streets of
Coventry. Nowadays it is usedalmost exclusively todescribe people,
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