135 / 364
R. At the adjourned committal proceedings R. was
recalled, and H. was called. Their names subse
quently appeared on the back of the indictment. At
the trial of the appellant on the indictment the
prosecution declined to call R. or H. R. was called
for the defence. He was cross-examined on his
previous statement to the police and at the committal
proceedings. The trial judge did not direct the jury
how they should approach R.'s evidence given at
the trial.
On appeal by the appellant against
conviction :
HELD—(i) The prosecution were entitled to take
the view that R. and H. were wholly unreliable
witnesses and that the interests of justice would not
be furthered by calling them, and were entitled, in
the exercise of the prosecution's discretion, to
decline to call them.
(2) The jury should have been directed on the
proper approach to the evidence given by R. at the
trial, and the direction should have included an
intimation that his previous statements, sworn or
unsworn, did not constitute evidence on which the
jury could act; but since in the circumstances the
jury must if properly directed, have reached the same
conclusion, the conviction should stand.
(Reg.
v.
Colder (1960) 3 All E.R. 457) applied.
Appeal dismissed from the Central Criminal Court.
(Reg.
v.
Oliva (1965) 3 All E.R. 116.)
INDEX OF STATUTORY
INSTRUMENTS
Published since February 1965
AGRICULTURE, LANDS AND FISHERIES
SUBJECT MATTERS AND REFERENCE NUMBERS.
Agriculture (Alteration of Names of Department and Title of
Minister) Order 1965—146/1965.
Grain Board (Assignment of Additional Function) Order,
1965—65/1965.
Animal Remedies (Control of Certain Anti-Abortion Vaccines)
Regulations 1965—112/1965.
Committees of Agriculture (Officers' Travelling Expenses and
Maintenance Allowance and Expenses) (Amendment)
Regulations 1965—183/1965.
Cork District Milk Board (Election Day 1965) Order 1965—
104/1965.
Cork District Milk Board (Minimum Prices for Milk) Order,
1965—139/1965.
Dairy Produce Marketing Act, 1961—yth September, 1965
nomination date.—9/1965.
Dairy Produce (Price Stabilisation) Act, 1935. Maintenance of
the Dairy Produce (Price Stabilisation) Fund suspended
as from 3ist March, 1965—47/1965.
Diseases of Animals (Control of Certain Vaccinations and
Extension to Brucellosis) Order, 1965—111/1965.
Dublin District Milk Board (Minimum Prices for Milk) Fixed
from ist October, 1965—138/1965.
Fisheries—Departmental Administration
and Ministerial
Functions Transferred to Department of Agriculture
from 3rd May, 1965—83/1965.
Importation of Meat and Animal Products Allowed from
France after ist August, 1965—148/1965 ;
200/1965.
Noxious Weeds (Male Wild Hop Plant) Order, 1965—189/1965.
Pigs and Bacon Acts Regulations—113/1965, 123/1965.
River Erne (Special Local Licences) Higher Charges imposed
after I4th June, 1965—131/1965.
Sheep Dipping Order—105/1965.
Western Agriculture Consultative Council Established—
174/1965.
Wheat Order—1965—159/1965.
CONTROL OF IMPORTS AND EXPORTS
Leather Footwear—121/1965.
Laminated Springs—38/1965.
Brushes, Brooms and Mops—37/1965.
Rubber boots and shoes—120/1965.
Superphosphates—115/1965.
Metal Wood Screws—119/1965.
COUNTY AND TOWN MANAGEMENT
Cork County Borough (Extension of Boundary) Provisional
Order, 1965 in force from ist July, 1965—141/1965.
Housing Authorities (Loans for Acquisition or Construction
of Houses) (Amendment) Regulations, 1965—137/1965.
Local Elections Regulations 1965—128/1965.
Local Government (Planning and Development) Act, 1963—
Regulations for Licensing the Erection or Construction of
Specified Appliances Under the Act—76/1965.
Donegal County—Camping Licences authorised in specified
townlands—15 8 ^965.
Trim Urban District (Alteration of Boundary) Order 1965—
168/1965.
CUSTOMS AND EXCISE—EMERGENCY
AND OTHER DUTIES
Customs (Land Frontier) Regulations, 1965—84/1965.
Iron and Steel Products—Customs Duty Suspended to 3 ist
December, 1965—140/1965.
Relief from Customs Duties (Fairs, Exhibitions and Similar
Events) Under Brussels Convention of June, 1961—
143/1965.
Relief from Customs Duties (Professional Equipment) Order,
1965—144/1965.
Woven Woollen, Synthetic and Artificial Fabrics Order, 1965—
187/1965.
EMPLOYMENT REGULATIONS AND CONDITIONS
OF EMPLOYMENT
Electric Motors (Exclusion) Regulations—181/1965.
Excepted Body Status Trade Union Act, 1941.
Incorporated Law Society of Ireland—54/1965.
Royal Institute of Architects of Ireland—55/1965.
Veterinary Association of Ireland—56/1965.
Flax Spinning Industry—Women may be employed to 10 p.m.
—151/1965.
Ice Cones and Wafers—Women may be employed to 10 p.m.
—160/1965.
Plastic Moldings—Women may be employed to n p.m.—
53/1965.
Polythene Film Bags—Women may be employed between
6 a.m. and 10 p.m.—152/1965.