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Lloyd's Maritime and Commercial Law Quarterly

OFFENCES ON BOARD SHIPS: JURISDICTION

R. v. Cumberworth

The decision of the Court of Appeal (Criminal Division) in R. v. Kelton and Cumberworth 1 raises a nice point on the construction of s. 686(1) of the Merchant Shipping Act 1894. The facts were simple. The accused, British subjects, committed offences of assault and criminal damage on board a French ship, the ferry Chartres, at a time when she had not left the port of Dieppe and when, the Court of Appeal assumed, her ramp was still down. The accused persons were brought to trial before the Crown Court at Lewes. The issue, which should have been raised by demurrer before evidence was taken but which was brought up at the close of the prosecution case, was whether that court had jurisdiction to try the accused for the offences in question.
Section 686(1) of the Merchant Shipping Act 1894 provides:
Where any person, being a British subject, is charged with having committed any offence on

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