CONVERSION OF CARS

Ashburton Guardian, Volume 53, Issue 15, 28 October 1932, Page 2

CONVERSION OF CARS

ANOMALY OF THE LAW. DIFFICULTY OF CONVICTION. (Per Press Association}. AUCKLAND, October 27. An anomaly of tne law winch urgently neeas revision was referred to by Mr Justice Herdman in the Supreme Court, when three young men were jointly cnargeu with stealing a motor-car.

Mr Meredith, on behalf of the Crown, said there Avas a difficulty in the case, namely, whether on the iacts wnich would be adduced in evidence a jury could reasonably decide that there was intent to steal. If there was no such intention, the case could only be dealt with under the Police Offences Act.

Mr Hogben, for one of the accused, submitted that there was no evidence for the case to go before a jury. Undoubedly these men had committed an offence but, in oi-der to substantiate a charge of theft, £here must be definite evidence of an intention to steal the car. The present case, said counsel, was nothing more than the conversion of a car.

Addressing the jury, Honor said: "Under the Crimes Act it is required to prove not only that an article has been taken illegally, but also that it has been taken with intent to convert it to the use of the person who has taken it. The person taking it must, in law, as the law at present stands, have intended to deprive the owner of its value.

"It would seem," continued his Honor, "thajb, as our law stands in New Zealand at the present time, if a man opens a garage and drives about in,- a car which he intends to return, he has not committed theft. Technically speaking, • therefore, the evidenceto be given by the Crown in this case falls short. It is to my mind a question whether some amendment of the Crimes Act should not be made in order to make this a crime and, as isuch, punishable by indictment. "It would appear that at present the position is that proceedings suitable to this case can only be taken in a Magistrate's Court. This is not a satisfactory position—far from it. However, it is my duty to direct you m the case before you to return a verdict of not guilty. It is an unsatisfactory position, but there is no alternative." Without leaving their seats, the jury immediately returned a vrerdict as directed by the Judge and accused were discharged. The charge against them was that on August 7 last they broke into a motor garage in Remuera and stole a motor-car Valued at £3OO.