The Peeping Tom: A Practical Problem
| Published date | 01 April 1948 |
| Date | 01 April 1948 |
| DOI | http://doi.org/10.1177/0032258X4802100210 |
| Subject Matter | Article |
144
THE
POLICE
JOURNAL
influence who merely enters the vehicle for the
purpose-as
A
did-of
having a restful night aggravate this status quo?
Before we come to a decision in our minds let us first take the
other point of view.
Let
us take the same ( non-lethal
weapon'
and
the same inebriated A.
If
he attempted to drive the vehicle despite
our accepting the fact that this at the moment is impracticable because
there is no ignition key available, would he then be amenable to s. 15 ?
Possibly so, because an offence can legally be attempted although the
commission of the substantive offence is not practicable.
In
this
R. v. Collins, 33
L.J.
177)) wherein it was held that if a person puts
his hand into the pocket of another with intent to steal what he can
find and the pocket is empty, such person may be properly convicted of
the attempt despite the fact that owing to the pocket being empty he
would have been unable to commit the substantive offence of larceny.
In
conclusion, may I say that the object of this article has been to
expose, so far as possible, the pros and cons of each of the problems with
which we have been beset, for as the maxim goes, "
There
are always at
least two sides to every question
"-one,
may I suggest, the
obvious-
the other, the unperceived.
Is it not the latter which whets the appetite of the astute defence
and, maybe, sometimes causes an unhealthy rustle of papers and
turning of pages on the prosecutor's
bench-but
alas, it may be too
late!
If
we had only anticipated the defence. How true those words:
" A wise man in time of peace prepares for war."
So may I close this article by leaving with readers two problems:
(I)
What must a person actually do to be ( attempting to drive.' Is it
sufficient for him to sit in
the
driver's seat and hold the steering
wheel? Must he have released the brake or attempted to do
so?
Must he have switched on the ignition?
(2) Can a doctor called to examine a person alleged to be (under
the influence while in charge, etc.,' legally give in evidence the fact that
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 the established principles
relative to the questioning of persons in custody ?
The
Peeping
Tom:
A Practical Problem
THE term "Peeping
Tom"
seems to have come down to us with
the legend of Lady Godiva's famous ride through the streets of
Coventry. Nowadays it is used almost exclusively to describe people,
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