REX v. CLAYTON-WRIGHT.

(1948) 82 Ll.L.Rep. 7

COURT OF CRIMINAL APPEAL.

Before Lord Goddard (Lord Chief Justice), Mr. Justice Jones and Mr. Justice Byrne.

Criminal law - Indictment - Joinder of counts - Appeal against conviction - Alleged misjoinder-Right to separate trial in respect of one count - Misdirection-Appellant convicted on indictment containing four counts: (1) Felony, charging him with maliciously setting fire to ship, contrary to Sect. 42 of Malicious Damage Act, 1861; (2) Felony, charging him with maliciously setting fire to ship with intent thereby to prejudice underwriters, contrary to Sect. 43 of said Act; (3) Misdemeanour, charging him with intent to defraud underwriters in falsely claiming under policy payment in respect of total loss of ship by accidental fire; (4) Misdemeanour, charging him with having obtained money by false pretences from insurance company in respect of alleged theft of mink coat - Indictments Act, 1915, Schedule 1, r. 3: Charges for any offences, whether felonies or misdemeanours, may be joined in the same indictment if those charges are founded on the same facts, or form or are a part of a series of offences of the same or a similar character.

Contention by appellant that conviction should be quashed on grounds: (1) that fourth count should not have been joined with other three counts, and that therefore whole indictment was bad; (2) that there should have been a separate trial in respect of fourth count; and (3) that there was misdirection of jury by learned trial Judge- Appellant acquitted on fourth count- Malicious Damage Act, 1861, Sects. 42, 43-Indictments Act, 1915, Sects. 4, 5, Schedule 1, r. 3-Administration of Justice (Miscellaneous Provisions) Act, 1933, Sect. 2.