PLEA UPHELD

Press, Volume LXXXII, Issue 24984, 19 September 1946, Page 3

PLEA UPHELD

AUTREFOIS ACQUIT MAGISTRATE’S DECISION “I have considered the authorities referred to, and,-without reviewing them in detail, they satisfy me that the plea of autrefois acquit should, in this case, be sustained, accordingly hold that the defendant, having been previously lawfully acquitted on the same charge, I have no power to hear or determine this present information,” said Mr H. P. Lawry, S.M., delivering a reserved judgment on a plea of autrefois acquit (previous acquittal) by .William Maxwell Manchester, medical practitioner (Mr T. A. Gresson) on a charge of being intoxicated in charge of a motor-car in Hereford street on August 9. “Once there is ah acquittal, he cannot be tried again for the same offence,” the Magistrate said. After recalling the circumstances of the original case—that*when two Justices of the Peace declined vto grant a remand after Manchester had pleaded not guilty, the police declined to offer evidence at that stage and the case was dismissed — the Magistrate said:— "The prosecutor did not wish to proceed with the hearing at that time, and the only inference to be drawn from the evidence tendered as to what happened at that hearing is that he was doubtful as to whether the evidence he then had available would be strong enough tor sustain a conviction, and he wished for more time to search for further evidence. If that were the case, then two courses were open to him—he could have applied to the Court for leave to withdraw or he could have asked for the information to be dismissed without prejudice under Section 73 of the Justices of the Peace Act, 1927.' Had he adopted either of these courses, then a plea of autrefois acquit would have been of no avail.” Mr Gresson said he wished to state that, had the plea been rejected, Manchester would have strongly denied the ,charge.