"CASE WILL PROCEED"

Evening Post, Volume CXXXI, Issue 113, 15 May 1941, Page 13

"CASE WILL PROCEED"

REDUCTION OF CHARGE REFUSED

When Edward Crampton, a labourer, aged 20, appeared before Mr. J. L. Stout, S.M., on an indictable charge, of breaking, entering, and theft, his counsel, Mr. A. B. Sievwright, suggested that the charge should be reduced to a summary one of theft. He said that the accused was making his first, appearance and the offence, to which he would plead guilty, was not a serious one of its kind, and the hearing of the indictable charge would require expense to the country and waste of time to the Court officials and the police. He asked the Court to give a direction that the case should be dealt with as a simple case of theft, with which he felt sure the police would agree.

The Magistrate: It is quite wrong for counsel to suggest that. It is a matter purely for the police.. If they are satisfied that it should be dealt with as breaking and entering, then it goes on as breaking and entering. I can't give a direction

Detective-Sergeant W. R. Murray, who prosecuted, said' that counsel had been making representations to him throughout the morning with a view to getting the charge reduced. Counsel had no authority whatever for saying that the police desired to have the matter dealt with summarily.

"That is not what I said,"said Mr. Sievwright. "I said I understood that the police had no objection, if your Worship would give a direction."

"You know perfectly well that the Court can't give such a direction," said the Magistrate. "The case will proceed as breaking and entering."

The hearing of evidence then proceeded. Crampton was charged with breaking and entering the shop of A. M. Fox, jeweller, Willis Street, and with theft from the premises. He pleaded guilty and was committed to the Supreme Court for sentence. Bail was allowed.