How is the length of time between the last two convictions of a habitual criminal considered by the jury?
Saskatchewan, Canada
The following excerpt is from R. v. McKenzie, 1960 CanLII 201 (SK CA):
In Rex v. White (1927) 20 Cr App R 61, it was held that: “On the trial of an allegation of being an habitual criminal, the interval between the last two convictions is only one of several elements to be considered by the jury; others are accused’s silence on his life during that interval, the nature of the crime, and the possession of housebreaking instruments and their number and character at the time of arrest.”
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