09/02/1957

OF CRIMINAL APPEAL (INFERIOR)

HARDING WILLIAM

THE POLICE vs CAPTAIN JOHN W BOYES

N/A

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N/A

ACCOMPLICE - CUSTOMS - REMOVAL OR WITHDRAWAL OF GOODS - SECTIONS 60 AND 61 OF CHAPTER 60

Section 60 and 61 of the Customs Ordinance require, as one of the ingredients of the offence therincontemplated, i.e. shipping of dutiable godds without the authority of the Collector of Customs, that the goods shall be "removed or withdrawn". These words - "removal or withdrawal" - should not begiven a restrictive interpretation so as to narrow them to the actual manual or physical handling of the goods by the offender himself. A person who employs an innocent agent, even thouh he is not actually present when an offence is committed, or even if he does not do any thing with his own hands, is still liable as principal; if the agent be not an innocent agent, but is acting knowlingly, then the person who gave him teh instruction would still be liable as an accomplice; so that in no casethe fact that the offender himseld di not pysically handle teh goods leads to the exclusion of liability under the sections afore-quoted. Teh Court, however, must be satisfied that in the particularcircumstances, entertails a grave doubt as to whether the defendant acted in aguity condition of mind, that doubt must benefit the defendant.