Anomalies of the English lawChester, S. Beach (Samuel Beach)
History
Anomalies of the English law
Chester, S. Beach (Samuel Beach)
Law; Law -- Great Britain -- History
The case of R. _v._ Ball and Another is of enormous interest and
importance, so far as the workings of the Court of Criminal Appeal
are concerned. It suggests very forcibly the need for definitely
detaining all criminals pending final appeal, where any intermediate
step may allow of their liberation. _The Times_ newspaper for December
16, 1910, reports the case in the following words: “HOUSE OF LORDS.
Criminal Appeal. Director of Public Prosecutions _v._ William Henry
Ball.--Director of Public Prosecutions _v._ Edith Lilian Ball.
(_Before the_ Lord Chancellor, Earl of Halsbury, Lord Ashbourne, Lord
Alverstone, Lord Atkinson, Lord Gorrell, Lord Shaw _of_ Dunfermline,
Lord Mersey, _and_ Lord Robson.) This was the first appeal to the House
of Lords from the Court of Criminal Appeal, consisting of Justices
Darling, Pickford, and Coleridge, who quashed the conviction against
the present respondents for incest, which was made a criminal offence
by an Act which came into operation on January 1, 1909. The trial took
place at the Central Criminal Court before Mr. Justice Scrutton, who
sentenced the respondents. The Crown appealed under a section of the
Criminal Appeal Act, 1907, as was reported in _The Times_ of November
30.... The Attorney-General (Sir Rufus Isaacs, K.C.), Mr. R. D. Muir,
Mr. Rowlatt, and Mr. Graham Campbell appeared for the appellant; Mr.
Holman Gregory, K.C., Mr. Forrest Fulton, and Mr. Eustace Fulton for
the respondents. The arguments of counsel turned on the admissibility
of certain evidence tendered by the prosecution. The Lord Chancellor
moved that the order of the Court of Criminal Appeal be reversed,
and said that evidence of previous guilty relations between the
respondents was admissible, not to prove the evidence of a _mens rea_,
but in support, having regard to the proved facts, of the particular
charges made in the indictments. The principle that one offence is
not established by proof of a similar previous offence was one which
ought to be jealously guarded; but in the present case the evidence was
clearly admissible.... Lord Halsbury agreed with the Lord Chancellor
for the same reasons. The other noble and learned Lords concurred.
Appeal allowed.”
Public-domain text, read in full here on John Shaqi.
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