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HONG KONG DAILY PRESS. TUESDAY, NOVEMBER 30, 1937.
“NOT GUILTY” COURT OF SWIFT TRACED "GRAVE”
PLEA
Is Heavier Sentence Justified?
WHAT THE LAW PERMITS
"Is a magistrata justified in im- posing a heavier penalty on an accused person who pleads "not guilty" "for who claims trial) and who. upon being tried is found gulity, than he would have im- posed if the accused had tendered a plea of guilty" in the first in- stance?" asks "H.P." in a letter In the current 1sque of the "Malayan Law Journal."
JUSTICE
K.C. Chairman's Aim To Save Seconds
15 SESSIONS CASES
IN ONE DAY
Mr. Eustace Fulton, K.C., chair- man of the County of London Sessions, Newington, SE, is estab- Ishing a reputation for swift jus tice there.
Recently, in four and a hal hours, he completed 14 cases and one part-heard case.
During the morning he dealt with 11 cases, taking jury cases in the afternoon. The shortest time spent For example suppose A and on any in the morning was four are together charged on the same minutes; the longest 10. It is true facts, say, with theft. A pleads that these were cases up for sen- "gulity" and the magistrate fines tence, but in each the accussed had him $10, in default sentences him to be put in the dock, his case out- to two weeks' r. The other as-lined, with his previous police re- cused, B. however. pleads "not cord, if any, and then the sentence guilty" or "claims trial.”.
had to follow.
The case against B thereupon proceds; his defence is heard and the magistrate finds him guilty and Imposes a fine of $20, in default sentences him to four weeks' ri. Is he justled in so doing?
Would the magistrate, in the circumstances, be right in passing a beavier sentence on B than on A, for the reason that B claimed trial (or pleaded "not guilty") and after trial was found guilty?
The writer is not aware of such an instance occurring in pur salice court within recent years. It may, however, be within the bounds of posibility for a magistrate to con- sider it justidable, in such cir- cumstances. to inflict a heavier sentence on B (in the given ex- ample) for "unnecessarily taking up the time of the court" or for some such reason.
FUNDAMENTAL PRINCIPLE Apropos of this question it would be well to remember that the fundamental principle of Justice with reference to our criminal law Is that an accused person is pre- be innocent until the sumed to contrary be proved. Surely, then, every accused person has a right to claim-irrespective of whether ne does or does not consider him- self guilty of the charge? TAKABAZUKA
Would the mere fact (near Kobe) aims trial and thereby takes up TAKABAZUKA
Hote: the time of the magistrate and or the court, and is eventually found guilty, be a sufficient reason for inficting upon him a heavier sen- tence than would have been pass- ed had he pleaded "guilty" in the Arst instance?
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that he
Mr. Multon sees that not one second is wasted. His clerk of the court co-operates by insisting that a clear way is kept for the passage of witnesses from outside the court. If there is a slight interval between the calling of a witness and his appearance in the box it is felt that something has gone wrong.
20 YEARS AFTER
Posers For Experts At War Museum
The Imperial War Museum, Lambethroad, S.E, Ciscloses in its 19th annual report how it helped an ex-officer to trace the spot where he Was
buried alive in Flanders.
The ancer told officials of the incident at Gheluvelt. Flanders, and asked for the name and position of the trench. Although 20 years had elapsed, experts in the Museum's Map Section showed him air photographs of the post- tion, taken at the time, and sup- plled all relevant details."
This inquiry is typical of the many received at the Museum and the efficiency with which they are treated. Among subjects dealt with by the library are requests con- cerning horse, mule, dog and pigeon casualties. Jews in the war. names of merchant ships Sabotaged in United States ports, war-time songs, and comparisons of casualties in the Battle of Waterloo and on any one day of the Grent War,
COLLECTION OF MEDALS
The Museum has apparently beneated through its removal from South Kensington to Lambeth in November, 1935. The average daily attendance 1936 was 1.052- against 947 · in 1935-and on Sundays "2,222, compared with 1,850.
LIT
was
Following complaints that the new building
insufficiently marked, the name has now been set up in bold lettering on the facade and on the ralling sur- rounding the park.
GIFT FOR CONDENSATION There is, of course, no suggestion that the trials are hurried. The cases up for sentence recently had been scrupulously considered at past sittings, but Mr. Fulton has brought to his judical work the gift for condensation of statement and speed for which he was known at the Bar.
In four minutes he heard the record of. an 18-year-old driver's mate charged with six offences covering stealing. ré- Another advantage in moving ceiving, taking and driving away from the "museum area" is that a motor car and stealing and re-visitors, including many school now arrive with the ceiving an overcoat. He sent the parties, youth to Borstal for three years. specific intention" of seeing war
and In seven minutes he heard the ¦ records,
not merely record of a 49-year-old, contractor museum among many. charged with stealing 57 sports
Among new acquisitions is the jackets and other articles, and re-collection of 1,030 commemorative
sports jackets and celving two
medals from various countries, the other articles, and sent him to
greater proportion from Germany. hard labour for nine months.
Among them is a group of German medallions intercepted by
In a case in which Michael Gold, 39. pedlar, described by the police
as a very persistent and cunning
plekpocket," had pleaded not guilty
to stealing a wallet containing six £1 notes from a man in a 'bus, and "two other charges, the case pro-
ceeded as follows:
Evidence of conductor Evidence of constable
Mins.
8
2
Evidence of complainant
5
Evidence of police-sergeant 2 Evidence of accused Speech for accused
23
7
Summing-up by Mr. Fulton 9
Consideration of verdict by
Statement of police record...
jury ....
Such a practice, in the dream- stances, of passing a light sentence on an accused person who pleads "guilty" having pleaded" "hot gulity," would surely have a de- trimental efect on the morals of the public-particularly the ignor- aut and uneducated classes, as it would tend to hold out a strong inducement or temptation to in- nocent person to plead guilty when by law they are not guilty, teen months hard labour." This Mr. Fulton merely said: “Eigh- and would, furthermore, introduce took 2 minutes, making a total of into the proceedings a most unei minutes. desirable element of personal feel- ing which every court of Justice must be tree from.
The plea of "not guilty" onght never. in any circumstances, to prejudice an accused person. If, after trial on such a plea being tendered, an accused person 1 charged alone be found guilty he should never receive a heavier sen- tence than he would have received had he pleaded guilty in the first instance, and if charged along with others for the same offence and on the same facts, he should never receive a severer sentence than that of his co-accused who may have pleaded guilty in the arst instance.
:.
Counsel's statement for ac-
cused
1
W
The shortest time taken in the giving of evidence was by a woman witness in another case. She took 30 seconds to identify a glove sald to have been stolen.
Compared with these times, the swearing-in of a jury, which took lengthy process. only five minutes. seemed to be a
last November, confines himself, Mr. Fulton, who was appointed when imposing sentence, solely to the imposition of punishment, and refrains from adding condemnation or advice.
Mr. Fulton, who is 56, was in trials in recent years, and is the most of the outstanding Old Bailey
son of the late Sir Forrest Fulton,
in pleading "not guilty" or in.C., once Recorder of the City of claiming trial an accused person is
London.
only exercising his right or privilege
conceded to hm by the law,
It must always be borne in mind
that in a criminal court there is Park-lane, that the Legion would
no such thing as a "vexations" or be placed on a similar basis to "Trivolous" plea or defence. Much
a defence is known only in a civil Court.
ARMY TO INSTRUCT WOMEN DRIVERS
Ready For State Emergency
Women" motor-drivers who are to train, in readiness for a national emergency are to be taught by Army instructors at Regent's Park Barracks.
.
that of the Army with three Com- mands, London, Home Counties and Aldershot, under Comman- dant Mrs. J. M. Cook.
Mrs. Cook stated that the re- organisation is to include anti-gas training; Drst-aid, map-reading, navigation, signalling and
ele- mentary drills. A proficiency
certificate would be granted,
The women wold be placed in three branches; "
A mobile category consisting of Legionaries willing to serve any- where, and who could be mobilised immediately;
This will be part of the training.
An immobile category who would; received by members of the serve only in the neighbourhood of Women's Legion, which is to be their homes; and. recrganised.
An emergency reserve category. Lt.-Gen. Sir ·Travers: Clarke. for nonactive members who would Colonel-in-Chief of the Legion, be prepared to be called upon in
at Londonderry House, an emergency.
stated
one
the
Postal Censor during the war and presented to King George V.
NOW
SANDEMAN
SHERRY & PORT..
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