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1HE HONGKONG DAILY PRESS, FRIDAY, AUGUST 11TH, 1998.
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COERCION OF WIVES. COMITTEE RECOMMENDS ABOLI
TION OF DOCTRINE.
The report of the Lord Chancellor's Committee who have had under conside- ration the criminal law doctrine of the coercion of the wires by husbands has been issued as a White Paper. The Com- mittee recommend":
THE NEW
That coercion by the husband is a defence to the wife for crimes com- uitted by her in his presence should be abolished, leaving her free to establish 1827) any other defener, or te arge the coer- eion in mitigation of punishment.
The appointment of the Committee was a direet outcome of the Peel case before the court earlier in the year. It will be rolled that Capt. Peel and his wife were charged with an offence against the Post Office relating to certain betting telegrains. The evidence established that Mrs. Pep was, betting on her own a count. On the day the telegrams were handed in the accompanied her husisind to the post office and telephoned to some person at a time when she might have ascertained the winner of the particular ree to which the tilegrams rbierred "re- matning also in verbal communication with her husband. In the result she wou money from the bookmakers, to whom the telegrams had been sent.
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The judge who tried the gas hell that there was no evidence to rebut the pres simption that Mrs. Peri was acting ander "SHANGHAI OFFICE- evention her husband, and he directed 'a verdiet of acquittal. Subsequently he said that he was satisfied that she was dor in fact neting under the coercion of her husband, but for her own pecuniary bencft.
The doctrine of gerrien having been thus brought into prominence the Lord Chancellor appointed the Committee with instructions to report what changes, it any, were desirable."
THE LAW AT PRESENT.
The English law as it dow.stands is that in the ease of misdemeanours com- ! mitted by a wife in the presence, of her husbaud the presumption of coertion is held to apply. It also applies in all felonies exept urder and trenson. This presumption is expable of rebuttal by the. vidence, and if it should appear that the wife has done some independent act from which the inference can be drawn that she was acting voluntarily the case must he left to this jury.
4
Presumption of evercion only arises when the criminal art is committed by the wife" in the presence of her husband. it has no application to crime committed it his abseier, even though snch crime. was committed by his orier or procure- PT. The doctrine applies only to the Coercion relation of husband and wife.
could be presumed in relations between parent and child or master and servant, Fand it is, of course, taken into account in
awarding punishment.
The Comunistee examined the law on the subject as it appears in the Indian Penal Code, in eertain criminal modes of the colonies in the common law of South African and in Scotland, and in the Taited States of America. In the United States only was there found to be any recognition of the presumption of coer- South cion of a wife by a husband. Africa, Canada, and Queensland admit eneretur as a defence of a crine com- mifted in, the presence of the husband. Queensland, however, makes an exception in not admitting it in cases of crime punishable with death, or which cause grievous bodily, harm or in which an in- tention to cause such harm is an element. in Scotland wife's coverture gives her no protection, and she may be, tried as a principal or an accessory. She can put in a plea of subjection, and although this is no bar to trial: it may mitigate the panishment.
ALTERNATIVE PROPOSALS.
With this evidence fore them the Committee considered two alternative proposals for the alteration of the Eng- fish criminal law. They were d'
"
-To abolish any presumption of coercion when a crime is committed by a wife in the presence of her husband, leaving the defende ut coercion open to the wife and to be established in the or-1 dinny way.
Tabolish the whole doctrine of coercion by the herbind as a defence for the wife leaving her on the same foot- ing as other people free to establish any defence of that kind of compulsion (ie., the fear of inmediate deaths or grievous bally harm), which affords a defence to any person except in the case of certain specified crimes,
Having regard to the present un satisfactory state of the law upon tha subject," conclude the Committee, and to the altered status of married women under the Married Women's Property Act and the Sex Disqualification Removal Act, Enanimously recommend that the second alternative proposal should be adopted, and that coercion of the bus- band as a defence to the wife for crimes committed by her in his presence should he abolished, leaving her free to estab lish any other defence, or 4 urge the crcivo in mitigation of punishment.
The report is signed by Mr. Justice Avory (chairman). Sir Ernest Pollock, K, C., M.P. Judge Sir Alfred Tobin, K.C., Mr. C. J. Talbot, K.C., Sir Richard Muir, Sir Archibald Bodkin, Mr. Travers Humphreys, and Mr. H; D. Roome.
EPISCOPAL BOOTBLACK.
The Bishop of London, speaking at the annual banquet given by the Lord Mayor and Lady Mayoress to the archbishops and bishops at the Mansion House on July 5th, said that in Canada, where he was the guest of a certain bishop, he put his boots outside his bedroom door. In the morning be found them beautifully polished. Later he learned that the bishop himself was responsible for the "shine" Visiting another bishop, he remarked on the absence from table of the bishop's two daughters, and was in formed that they were downstairs pré- paring the meal."
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