The Gazette 1964/67

CASES OF THE MONTH

had and obtained from another solicitor in Ireland for the file in connection with the case. In view of the evidence and information re ceived by the solicitor he advised the defen dant to plead guilty and the Attorney General was prepared to allow the matter to be dealt with in the District Court where the solicitor appeared for the defendant; he pleaded guilty and sought clemency on the sentences. A sentence of twelve months im prisonment was imposed, but, was suspended on defendant undertaking to repay the sum of £320 within twelve months. On the other charges sentences of six months each to run concurrently with the foregoing sentence were imposed, but were also sus pended. The defendant was an Englishman with no means here and the solicitor understands that the defendant left the country after wards. The solicitor returned the file to the Irish solicitor and had some further correspondence with the client's English solicitors. He then completed the necessary forms for sig nature by the defendant and also completed the necessary application for payment of his fees, which he received promptly. The amount received by him as £6-6-0. (ii) The solicitor received notice of appointment from the Circuit Court Office as it was an Appeal from the District Court by two itin erants on various charges, including wander ing abroad, child neglect and malicious dam age, causing a child unnecessary suffering. The solicitor attended at the Circuit Court Office and took particulars of the charge and made arrangements to interview the clients on the morning of the hearing. The solicitor then took instructions and in view of the evidence he advised a plea of guilty. The defendants had been in custody at that time three weeks. Having pleaded guilty before the Circuit Court Judge who affirmed the convictions but reduced all the sentences, which had been up to six months, to one month, which is effect meant their release within a few more days. The amount of the fees allowed in this case, in which the solicitor was paid promptly were £8-16-6.

Obsession with Motor Vehicles The defendant pleaded guilty to stealing a motor car and driving whilst disqualified. He was sentenced to three and one years' imprisonment concurrent. Previous convictions : Eight including six relating to motor vehicles; approved school, detention, borstal (twice). The accused who was a young man aged twenty was before Lord Parker, C. J. Fenton Atkinson and James J. J. on June 14, 1966 and it was considered that he was obsessed with motor vehicles. Decision : Although prison would provide no cure for his obsession, if released he would probably soon commit fur ther motoring offences. Sentence upheld. (R. v. Richards, Grim. L.R. (1966) p. 515). False Pretences The defendant, a man aged 38 years of age appealed to the Court of Crminal Appeal con sisting of Lord Parker, C.J., Fenton Atkinson and James J.J. Facts : Pleaded guilty on two counts of obtaining money by false pretences and asked for eighty-three similar offences to be taken into account. He obtained £3,000 from widows by pretending that their late husbands had been in arrears under insurance policies from which they would benefit if the arrears were paid. Sen tenced to nine years' imprisonment. Previous con victions : Eight for dishonesty including three for false pretences (118 cases); sentences up to seven years' preventive detention. Decision : Although severe the sentence was not wrong in principle. (R. v. Keen, Grim. L.R. (1966) p. 514, Times June 23, 1966). Question by Jury Indicating new View of the Facts —Need for Direction W. was convicted of wounding with intent. The case against him was that he pushed a broken tankard into I's face. His defence was an alibi and accordingly the Judge did not give any detailed direction about the alternative possible finding of unlawful wounding. After retiring the jury indicated that they thought I's injuries might have been caused by a fist. The Judge told them that it was still open to them to convict of wounding with intent. W. appealed on the ground that once the jury had indicated their view of the facts the Judge should have dealt fully with the alternative finding. Held : the Court felt there was substance in the ground and the Crown did not seek to uphold the conviction. Accordingly a verdict of unlaw ful wounding would be substituted.

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