XN000022-1994-04-27 — Page 32

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WEDNESDAY, APRIL 27, 1994

CRIME

OFFENCES

MR MATHEWS SAID THE MORE SERIOUS COMMERCIAL PROSECUTED IN THE HIGH COURT AND DISTRICT COURT WERE MAINLY OFFENCES UNDER THE THEFT ORDINANCE (THE MOST COMMON OFFENCES BEING THOSE OF THEFT, DECEPTION AND FALSE ACCOUNTING), CONSPIRACY TO DEFRAUD, AND OFFENCES OF FORGERY UNDER THE CRIMES ORDINANCE.

229,

IN 1991, 1992 AND 1993, THE NUMBER OF PERSONS PROSECUTED IN THE HIGH COURT AND DISTRICT COURT FOR COMMERCIAL CRIME OFFENCES WAS 226 AND 218 RESPECTIVELY, WHILE THE NUMBER OF DEFENDANTS CONVICTED WAS 165, 128 AND 89 RESPECTIVELY, MR MATHEWS SAID, ADDING THAT THERE WERE 83 CASES IN 1993 WHICH HAD NOT BEEN TRIED.

DOMESTIC VIOLENCE OFFENCES WILL NOT BE TAKEN LIGHTLY

THE

LEGAL

DEPARTMENT DOES NOT TAKE OFFENCES ASSOCIATED WITH DOMESTIC VIOLENCE LIGHTLY, THE ATTORNEY GENERAL, THE HON JEREMY MATHEWS, SAID IN THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY).

MR MATHEWS SAID THE CASE IN WHICH A MAN ORIGINALLY CHARGED WITH WOUNDING WAS BOUND OVER TURNED ON ITS OWN FACTS AND CIRCUMSTANCES AND SHOULD NOT BE REGARDED AS SETTING ANY PRECEDENT.

I

"THERE IS NO QUESTION OF US GOING SOFT ON DOMESTIC VIOLENCE, HE SAID WHEN REPLYING TO A QUESTION RAISED BY THE HON MRS SELINA CHOW.

THE ATTORNEY GENERAL SAID WHILE IT WAS NOT APPROPRIATE FOR HIM TO GIVE REASONS FOR DECISIONS MADE IN RELATION TO ANY PARTICULAR PROSECUTION, HE COULD NONETHELESS CONFIRM THAT IN THIS CASE THE DIRECTOR OP PUBLIC PROSECUTIONS REACHED HIS DECISION ONLY AFTER AN EXHAUSTIVE EXAMINATION OF THE CASE FILE, OF THE WITNESS STATEMENTS THE VICTIM, MRS ANN WILKINSON, OF THE DEFENDANT MR IAN WILKINSON, OF OTHERS.

OF

AND

THE

"ANY SUCH DECISION IS NOT, OF COURSE, TAKEN LIGHTLY. DIRECTOR OF PUBLIC PROSECUTIONS, IN REACHING HIS DECISION, WAS AWARE OF ALL RELEVANT FACTORS.

"HE CONSIDERED THE EVENTS LEADING TO THE INCIDENT, THE INCIDENT ITSELF, AND THE CIRCUMSTANCES SUBSEQUENT TO THE INCIDENT.

OF

"IN THAT EXERCISE, REGARD WAS LIKEWISE HAD TO THE INTERESTS THE VICTIM, ΤΟ THOSE OF THE ACCUSED, AND TO THE WIDER PUBLIC INTEREST," MR MATHEWS SAID.

HE SAJD A DECISION TO APPLY FOR A BIND OVER WAS TAKEN AFTER A CAREFUL CONSIDERATION OF THE FACTS OF THE INDIVIDUAL CASE, THE CIRCUMSTANCES OF THE PARTIES, AND AFTER DUE REGARD HAS BEEN HAD TO THE

PUBLIC INTEREST.

"IT MUST, PUT SIMPLY, BE APPROPRIATE TO ALL THE CIRCUMSTANCES OF THE CASE," HE STRESSED, ADDING THAT REGARD WAS ALSO HAD TO THE ELEMENT OF PREVENTIVE JUSTICE CONTAINED IN AN ORDER OF BIND OVER.

/MR MATHEWS