PROCEDURE IN APPEALS

Press, Volume XCVI, Issue 28362, 22 August 1957, Page 9

PROCEDURE IN APPEALS

Judge Advocates Changes (New Zeaiana Press Association) AUCKLAND, August 21. A change in Supreme Court procedure when appeals are being heard was advocated by Mr Justice North in the Supreme Court at Auckland. He criticised the practice of hearing appeals against Magistrates’ decisions in the Supreme Court without the benefit of notes of evidence from the Lower Court. After hearing an appeal by a man against his conviction and sentence of seven days’ imprison-

ment on a charge of driving while under the influence of liquor, his Honour said it was “high time” there was a change in the procedure of appeals. The present procedure allowed a defendant to have a completely new hearing ml the Supreme Court after conviction in the Magistrate’s Court.

The Magistrate’s notes were not available in the Supreme Court, nor any notes of what had been said in the Magistrate’s Court. The practice was “productive of perjury—although I don’t suggest that. that has happened in this case,” said his Honour. It also enabled an experienced lawyer to see the weaknesses in his case in the Magistrate’s Court,

and to drop witnesses and add other witnesses. “I think the

notes from the Lower Court should be before the Supreme Court.” -■t. Mr S. A. Cleal, appearing for the Crown, said he understood the practice his Honour objected to was “being taken care of” in the new Crimes Bill.