Arthur Charles Griffin v The Crown

Judgment Cited in Precedent Map Related
Judgment Date17 June 1946
Year1946
Judgement NumberCACC2/1946
CourtCourt of Appeal (Hong Kong)
CACC000002/1946 ARTHUR CHARLES GRIFFIN v. THE CROWN

CACC000002/1946

IN THE SUPREME COURT OF HONG KONG

APPELLATE JURISDICTION

CRIMINAL APPEAL No.2 of 1946

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Between
Arthur Charles Griffin Appellant

AND
The Crown Respondent

Coram: Sd. E.H.Williams, Acting Chief Justice

Date of Judgment: 17 June 1946

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JUDGMENT

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1. This is an appeal from a decision of a Magistrate by which Appellant was convicted of the larceny of a typewriter on or about 15th January on board M.V. "Kaipaki" and was sentenced to 3 months imprisonment.

2. The grounds of appeal were (1) conviction against the weight of the evidence (2) conviction wrong in law and (3) misdirection as to onus of proof and benefit of the doubt.

3. Reliance in support of these grounds was placed mainly on paragraphs 1 and 2 of the Finding of the Magistrate. He was urged that as the typewriter was for a time left openly in the mess-room, although be might not believe the defendant, he should not convict because Appellant's conduct must be regarded as being also consistent with innocence. He said "I cannot agree with this proposition. The point is whether, on the evidence before me, I have any doubt as to the guilt of the defendant. My answer is not". Then he went on to state that the conduct of the defendant was consistent only with guilt and not with innocence.

4. It must be remembered that in a case such as this where there is no jury the Magistrate does not give a review of the whole evidence and state the whole law applicable to such a case. This finding is often set out in the briefest terms.

5. I do not consider that the Magistrate has misdirected himself by what is set out in the be ginning of the findings, particularly, when regard is paid to the latter part of them. It is clear that he has given weight to the fact that there was a display of the type-writer in the mess-room but he was unable to find that as a whole the conduct of Appellant was consistent equally with innocence as with guilt. There were other factors which in the view of the Magistrate weighed heavily against Appellant viz. the finding of the typewriter in the centre of Appellant's sea-bag (2) the ample time Appellant had for handing the typewriter over to the Chief Officer (3) the absence of explanation of his...

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