[criminal procedure, prisoners’ counsel laws]

R. v. Howe

Supreme Court of New South Wales

Dowling C.J., Willis and Stephen JJ, in Banco, 12 June 1840

Source: Australian, 12 June 1840

            Regina v Ralph Howe. Mr. Forster moved on behalf of the prisoner, committed to take his trial for feloniously receiving stolen goods, for copies of the deposition, taken in the case before the committing magistrates. The learned gentleman observed that he made this motion under the provisions of the Prisoner’s Counsel Bill, which their Honors had already declared to be in force in the colony, as far as the machinery of the respective courts permitted of its being carried into practice. He moved upon affidavits, in which it was set forth that the clerk of the peace (Mr. E. Rogers) had admitted that these depositions were in his custody, but that he refused to supply copies of them, on the ground that the government did not allow him a copying clerk, and that he was not authorized to employ one without the sanction of the executive authority. In this case no difficulty could arise from the granting the motion, because the applicant would have to pay a certain sum for copies of the depositions he applied for, which would be a sufficient remuneration for the person temporarily employed to transcribe them, and their Honors would, he had no doubt, give the necessary order, which alone was required as an authority in the present case for furthering the due administration of justice. Motion granted.