People (Attorney General) v Warren

JurisdictionIreland
CourtCourt of Criminal Appeal
Judgment Date01 Jan 1945
(C.C.A.),
The People (Attorney-General)
and
Warren

Embezzlement - Rate Collector appointed by Dublin Corporation - His position under local government law - Whether a "clerk or servant" - Larceny Act, 1916 (6 7 Geo. 5, c. 50), s. 17, sub-s. 1 (b).

  1. Sect. 17, sub-s. 1 (b)of the Larceny Act, 1916, provides:—"Every person who (1) being a clerk or servant or person employed in the capacity of a clerk or servant . . . (b) fraudulently embezzles the whole or any part of any . . . money . . . received or taken into possession by him for, or in the name, or on the account of his master or employer shall be guilty of a felony . . ." A rate collector appointed by the Dublin Corporation was convicted in the Dublin Circuit Court on four counts charging him with fraudulent embezzlement of sums of money received by him for, or on account of the Corporation, his employers, contrary to s. 17, sub-s. 1 (b) of the Larceny Act, 1916. He appealed, by leave of the Circuit Court Judge, to the Court of Criminal Appeal. Held that the appellant, receiving the payment of the rates in question, was not a servant of the Corporation (it was not contended that he was a clerk.) Accordingly, although the question "servant or no servant" on a charge of...

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