"PUBLIC MISCHIEF"

New Zealand Herald, Volume LXXIII, Issue 22356, 29 February 1936, Page 3 (Supplement)

"PUBLIC MISCHIEF"

JUDGE CRITICISES THE LAW

"This illustrates the oddities of criminal proceedings," commented Mr. Justice Goddard, at Aylesbury Assizes recently, in dealing with Jack Cann Thorne, aged 20, labourer, who had pleaded guilty to a charge of having caused a public mischief. Thorne was indebted to his brother to the amount of 2os, and he put into practice an idea that if he could persuade someone lie had lost some money he would not be pressed for payment. Entering a garage ho saw a young assistant. Thome's pockets were turned out, and lie suggested that while he was at the pavilion on the Bierton football ground, where he was employed as groundsman, he had been attacked, hit over the head and robbed of his wallet and money. .As a result of his statements, which were entirely untrue, it was suggest-ed that ho had temporarily deprived the public of the services of officers of the Buckinghamshire Constabulary, and rendered liege subjects of tbe King liable to suspicion, accusation and arrest, and in so doing did unlawfully effect a public mischief. "Is it necessary to prosecute in every caso where tarradiddles are told to the police?" inquired the judge of prosecuting counsel. —"The difficulty is that these cases cannot be dealt with summarily," was the answer. "You have pleaded guilty to a charge of causing a public mischief," remarked Mr. Justice Goddard to Thorne, "by causing police officers to waste one and a-lialf hours in making an investigation into false accusations. I understand you caused a police car to run about three miles. In some cases it may bo a very serious matter, and the punishment may be two years' imprisonment, and a sum for costs at the discretion of the Court.

"But," continued the judge smilingly, "I am not going to do that. The question is: Which is tho public mischief here ?

"I am wondering which is the greater—the public mischief which you have done, or this prosecution, which has involved you being brought before tho magistrates, witnesses called, and the production of illegible depositions Which I have had to read.

"I suppose the country has been put to the expense of about 20 guineas. If tho matter could have been dealt with by a magistrate you might have been lined 2s 6d. But 1 am not going even to do that. You will be sentenced to two days' imprisonment, which means that you can go at once."