600
29.7.97.
Gemy.)
(Enclosure (in desp. from Gov? Sir H. N° 176 of 13th August, 1897, of Hongkong.
In the Supreme Court to be in Briton:) 24th July 1897. Coram Carrington, C. J.
20206 Requin A. Job Witchell.
[Re. 15 SEP 17;]
Charge: Bribery between the 13th March 1897, and the 18th June, 1899, to prevent him from performing his duty as Inspector of Police in regard to Common Gaming Houses.
The Attorney General (Mr. J. J. Francis, Q. C., instructed by the Crown Solicitor (Mr. H. L. Dennys) for the Crown); I. E. Robinson, instructed by Mr. G. C. C. Master, for the defendant.
On the defendant being arraigned, Mr. Robinson takes several objections to the information. First, that it is not stated that the "gaming houses" are in Victoria. Secondly, that the information is bad for duplicity inasmuch as it is alleged that the bribes were taken from keepers and managers of more than one gaming house. Archbold p. 58. Regina v. Callaghan 14 Cox & C. C. Also refers to Archbold p.p. 73, 74. As to quashing an indictment for being too general, see Archbold §103. Submit that Requin v. Callaghan is in point, and that the information is too general and should be quashed. As to amendment, the depositions show that the offence is committed in respect of a common gaming house at 2 Wa Lane; the prosecution may amend by limiting the information to that.
Mr. Francis. Contra. Refers to Ordinance No. 2 of 1869, Section 5, and Ordinance No. 3 of 1865, Section 6. Under this enactment, the same particularity is not required as at common law. Defendant might have applied for an order for particulars. Asks to amend the information by inserting mention of the locality of the streets in which the gaming houses are situated.
Mr. Robinson, in reply. Refers to Reg. v. Thomas & Tilley, 14 Cox 512. I direct the information to be amended by inserting the words "in Victoria in the said Colony" after the words "Wa Lane".
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