swarb.co.uk - law index
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Criminal Sentencing - From: 1930 To: 1959
This page lists 3 cases, and was prepared on 21 May 2019.
Mangal Singh v The King-Emperor (Lahore) [1937] UKPC 24
19 Feb 1937
PC
Alness L, Sir Shadi Lal, Sir George Rankin
Commonwealth, Crime, Criminal Sentencing
The defendant appealed against his conviction for murder and against his sentence of death. Held: The appeal failed. Though the evidence was largely circumstantial, there was sufficient to allow the court to find the offence proved. It was not part of the duty of the Board to sit as a court of Criminal Appeal but only to correct a perceived miscarriage of justice.
[ Bailii ]
Taylor and another v Saycell [1950] 2 All ER 887
1950
KBD
Lord Goddard CJ
Criminal Sentencing
The respondents had been convicted by the magistrates of using a vehicle without insurance. They were fined and disqualified from holding a licence for 12 months. The Crown Court quashed their fines and disqualifications and substituted conditional discharges. The prosecutor appealed by case stated. Held: The conditional discharges were quashed. There was no evidence upon which it could be said that it was inexpedient to inflict punishment. Moreover no special reasons had been advanced to avoid what would otherwise be a mandatory disqualification.
Lord Goddard CJ discussed the use of conditional discharges: "Considering also that s 12(2) of the Act of 1948 provides that the conviction of an offender who is discharged absolutely or conditionally shall in any event be disregarded for the purposes of any enactment which imposes any disqualification or disability upon convicted persons, or authorises or requires the imposition of any such disqualification or disability, and that no reference is made to the Road Traffic Act, 1930, so that convictions under that Act are in no way excluded from the provisions of s 12(2), there can be no doubt that there is jurisdiction in the court to discharge conditionally and thereby to avoid the necessity of disqualification."
Criminal Justice Act of 1948 12(2)
1 Citers
Practice Direction (Sentence) [1959] 1 WLR 4
1959
Criminal Sentencing
1 Citers
