Odger's English Common Law

138 THE OBJECT AND EXTENT OF CRIMINAL JURISDICTION.
Under the Larceny Act, 1916, 1 a person can be convicted in England of
receiving, or having in his possession, in England without lawful excuse
goods which were stolen abroad or obtained abroad in any manner which
would be indictable in England. If a thief who has stolen goods abroad
brings them into this country, he can be indicted under this section for
having them in his possession here, knowing them to have been stolen
by himself abroad. But a person cannot be convicted in England of
conspiring with a person or persons abroad to commit an offence abroad,
whether the act is punishable by English law or not. A conspiracy in
England to commit a murder abroad has, however, been made punishable
here. 2 But a conspiracy abroad to commit murder or any other crime here
is not triable in this country.
Next, as to offences committed at sea. A man-of-war is
regarded as a floating portion of the land of the State to which
it belongs. Hence any one, whether a British subject or an
alien, who commits a crime on a British man-of-war, can be
tried for it in this country just as if he had committed it in
England. On the other hand, no one who commits a crime
on a foreign man-of-war can be tried for it here. As to any
ship or vessel other than a man-of-war, the case is somewhat
different. Any person, whether a British subject or an alien,
can be tried here for a crime committed on a British ship at sea
—that is, anywhere on the high seas or in rivers below bridges
where the tide ebbs and flows and great ships go. 3 But a
British subject can also be tried here for a crime committed
" on board any foreign ship to which he does not belong." 4
An alien can be tried in this country for piracy on the high
seas, whether it was committed on a British ship or not ; he can
also be tried here for any crime committed on a foreign ship,
but only if it was committed whilst that ship was in the
territorial waters of Great Britain. 6
Punishment.
The object of criminal proceedings is, as we have already
stated, to prevent any repetition of the crime, whether by the
1 6 & 7 Geo. V. c. 50, s. 33 (4).
2 24 & 25 Vict. c. 100, s. 4.
3 See B. v. Sattler (1858), Dearsl. & B. 525 ; B. v. Anderson (1868), L. R.
1 C. C. R. 161.
< Merchant Shipping Act, 1894 (57 & 58 Vict. c. 60). s. 686.
6 Territorial Waters Jurisdiction Act, 1878 (41 & 42 Vict. c. 73), passed in
consequence of the decision of the C. C. R. in B. v. Keyn (1876), 2 Ex. D. 63 ;
and see B. v. Lewis (1857), 26 L. J. M. C. 104 ; B. v. Bjormen (1865), L. & C.
545.