the danger of another
7
the Murderer (criminal sessions, 25 April 1856) was thus deprived of the opportunity to suffer the last penalty of the law. It is time that, upon my second application, His Lordship, moved by my representation of the danger of failure of justice (the prisoners being sailors, and liable to be deported upon their proper authorities), did appoint a special Intermediate sessions to try that particular case. Upon first application for the trial of the prisoner – himself most willing to be tried at the then pending sessions, (his commitment having occurred during their pendency) – was rejected absolutely;
Four Lordships, on both occasions, laid down the rule thus: "It is the Attorney-General's duty, if the depositions are sent to him in time, to exhibit the Information, when found by the jury, within the period provided by the Ordinance, so as to enable the prisoner to receive his five days' notice. If the Attorney-General cannot do so in time for that purpose, he might not exhibit the Information at all during the approaching – pending sessions, but reserve it for the next. At all events, added their Lordship, a fortiori I will not try any case of felony, where the five days' notice has not been given, however ready the prisoner himself may be to dispense with that notice."
I cannot subscribe to these opinions and rules of the Chief Justice: and I am sure that, unless they are compelled by the strictest necessity,
the danger of another
7
the Murderer (briminal fessines, 25 April 1856) _ wlis has prive them suffered the last penalty of the low. It is time that, upon my second application, His Lordships, moved by my represon- -tation of the danger
of failure of fiertice (the bron intuerres being sailors, and sensions to deport u/con their proper treations), dist appoint a special Intermediate resions to try that portionlar cave. Banting first application for the trial of the prisoner _ himself most willing to
be tried_at the then pending dessines, (his commitment having recuned during their pendency ) _ war rejectedt absolutely;
Four Lordships, on both reenvios, loud down the rule thus:_ "It is the
"Attorney-General's duty, if the defervitions
does not receive
187
" are sent to lumm sin time, to exhibit the "Information, when found by line, " within the period provided by the " Ordinance, so as to enable the prisoner. " to receive his five days notice. If ther "Attorney-General " them in time for that purpose, he " might not to exhibit the Information " at all during the approaching – " pending sessions, but reverve it for "the most. At all events, added thir "I will not try any enve
Lordship, a fortiori
A Cave
of felony, where the "five days notice how not been given, " hovever ready. the priemer himself "may be to dispense with that'
I cannot subscribe to there opinions and rules of the bleif Justice : and I am fure that, sunless they compelled by the strictest pecesvity,
arc
No comments yet.
Private notes are available after approval.