CO129-616-3 Prevention of Corruption Ordinance- 1948 7-8-1948 - 21-10-1948 — Page 19

19

re-

Ver

...

word"dangerous" or any equally strong expression since on an ap、ail the appellate court (e.g. the Judicial Committee of the Privy Council) might quash a conviction on the ground that the judge had not in his direction to the jury used the word "dangerous" or some other strong equivalent. I agree, therefore, that to obviate this possibility we need a statutory provision expressly exempting the judges from the necessity of directing a ( jury in such terms. This is, I think, sufficiently secured by the first

part of section 9 down to, and including, the words "in a meterial particular implicating the accused". It is the remainder of the section which I do not like since it deprives the judge of a discretion of which I think, he ought not to be deprived, vis. the discretion, in directing the jury, to use the word "dangerous" or some equally strong expression if he thinks that in the circumstances of the particular case, that is the correct direction to give; furthermore, since cases are infinétely various, it seems to me to be wrong on general grounds to lay down as a hard and fast rule that in certain cârcumstances a judge shall direct a jury to convict. I suggest, therefore, that for the words "but in every such case................. is worthy of belief" there be substituted some such words as the following :- "but it shall suffice if the judge shall give the jury such instructions regarding the liability of the evidence of an accomplice as the circumstances of the case require".

'If you arete̱ be in London within the next ten days or so I should be grateful if you could find time to call and discuss this matter with Roberts-Wray and myself, otherwise you might perhaps let me have your comments by post.

J

I apologise for intruding upon your leisure in this way, but I felt that this was a matter in which an informal discussion would be more useful than official corresponderice. I am in the meantime writing semi-officially to Strickland enclosing a copy of this letter, so that he too my be thinking the matter over.

I hope you have been enjoying your leave despite the weather.

With kind regards,

t

ar of

Yours

J.C. McPetrie.

ť