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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.
CASES OF THE MONTH
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.
61