SLATTERY’S CASE.

Manawatu Herald, Volume XXVII, Issue 3540, 29 June 1905, Page 3

SLATTERY’S CASE.

HIGH COURT'S DECISION.

Sydney, April 28

The appeal against the Full Court’s confirmation of the conviction of T. M. Slattery, solicitor, for larceny as a bailee, resulted in the High Court quashing the sentence, and ordering the release of Slattery. The grounds of the appeal were that the Full Court was in error in holding that appellant was a bailee, and had • immitted larceny of any property belonging to Mrs Scanlon in any confeiried form within the meaning of Action 135 of the Crimes Act. The Chief Justice, in delivering judgment, said the question involved «Vas, was there an original bailment ? The relationship between Mrs Scanlon •nd prisoner was that of principal and •gent, or debtor and creditor, not bailor and bailee. That was at common law, and the Crimes Act did not iffect the case in any way. Bearing in mind that at common law a person guilty of fraudulent misrepresentations Concerning money was not guilty of crime by the statute, they had to deal with the proposition fiaf fraudulent misappropriation was a criminal offence. Nobody could bp.ye any sympathy with fraudulent misappropriation. It might be that there was a gap in the New South Wales law. If there was, it was for the Legislature, no! the Court, to fill up that gap. The contention was that • fiduciary agent who misappropriated money could be dealt with for larceny, but there was no such law on the •tatute book. For these reasons he thought the case did not tall within •action 125 ot the Crimes Act, and, therefore, the conviction must be ijuashed.