REX v. RICHMOND

[1920] VLR 9·HOOD, J., CUSSEN, J., and SCHUTT, J.
[1920] VLR 9
1920 VLR 9
REX v. RICHMOND Supreme Court of Victoria HOOD, J., CUSSEN, J., and SCHUTT, J. December 3, 08 December 1919 Criminal law — Sentence — Prisoner found not guilty of larceny of goods from railways, but guilty of receiving — Reference by Judge to frequency of pilfering from railways — Whether Judge entitled in passing sentence to take into account the fact that prisoner's sworn evidence on his own behalf was disbelieved by jury — First offender — Release on recognizance — Discretion — Crimes Act 1915 (No. 2637), s. 532 .

The accused, a railways employ, was charged with—(1) stealing certain potatoes from a truck at a railway station, and (2) receiving the same knowing them to have been stolen. The potatoes were found on the accused’s premises, near the station. The accused gave evidence on oath on his own behalf as to how he came by the potatoes, but was found guilty of receiving, though not guilty of stealing. The trial Judge, in passing a sentence of 12 months’ imprisonment, referred to the frequency of pilfering from railway trucks and to the necessity of putting it down by exemplary sentences.

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[1920] VLR 9

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