FINDS NOT KEEPS

Sun (Auckland), Volume III, Issue 861, 3 January 1930, Page 6

FINDS NOT KEEPS

JURY CONVICTS YOUTH WHO KEPT CYCLE “LARCENY BY FINDING" How tlie simple act of finding a lost article may become an indictable offence was illustrated in the Melbourne Criminal Court recently, when a jury returned a verdict of “larceny by finding” against a youth who had a bicycle in his possession, says an exchange. Corrie Charles Thomas Smith, 20, assistant plumber, of Mills Street, Albert Park, was charged with having stolen the bicycle. The jury found him not guilty on this charge, but returned a verdict of “larceny by finding.” Smith was remanded for sentence. The jurymen were a little puzzled before they brought in their verdict, and asked Mr. Justice Macfarlan which was the correct form to use, “larceny of finding” or “larceny by finding.” They were told that “by” was correct. They added a strong recommendation to mercy with their verdict. Mr. Cullity, who defended the youth, told his Honour that the jury’s verdict implied that Smith found the bicycle, but did not do his utmost to find the owner. Mr. Justice Macfarlan agreed. Smith had stated in evidence that he found the bicycle in a vacant allotment in Albert Park. He looked at the newspapers next day, and as the bicycle was not advertised as missing, he kept it. Discussing the verdict, a Crown Law official said that there was no direct; provision for “larceny by finding.” It arose out of the common provision for larceny. It was, therefore, provided that if a person found goods, which had been lost, and reasonably believed that the owner could he found but made no reasonable attempt to do so, he was liable to a charge, and the jury could bring in a verdict of “larceny by finding.” There was one case, he said, a few years ago, where a man had found a gold pass for the railways, and instead of giving it up, had struck out the name of the owner and substituted his own. In such a case a charge of larceny would be likely to fail, but a delinquent could be caught with “larceny by finding.” Verdicts of this kind are, however, rare in the criminal courts.