CONVICTION IN CHRISTCHURCH

Press, Volume XCIX, Issue 29178, 12 April 1960, Page 10

CONVICTION IN CHRISTCHURCH

Decision Reserved On Appeal

(Wew Zealand Press AssodaHon) WELLINGTON, April 11. The Court of Appeal this afternoon began the nearing of an appeal brought by Maxwell Carlton Carney against his conviction and sentence in the Supreme Court st Christchurch on February 14 on. charges of breaking and entering and theft, receiving, and escaping from lawful custody. The trial Judge (Mr Justice Macarthur) sentenced Carney to preventive detention on the first charge and ■ six months’ imprisonment on each of the latter two charges, to be served concurrently with the sentence 'on the first charge. The evidence as found by the Court disclosed that Carney and another man broke into a warehouse at Harewood owned by the United States Navy and stole whisky and cigarettes to the value of £B7 18s. The receiving charge related to a car radio which Carney had received while knowing that it had been dishonestly obtained.

On behalf of Carney, Mr J. B. O’Regan said, there were three grounds of appeal:—(l) on the charge of breaking arid entering and theft, that the trial Judge misdirected the jury on an important aspect of the law relating to the onus of proof on the Crown; (2) in respect of conviction on all three charges on the grounds that pre-trial publicity of the data surrounding the case was prejudicial to a fair trial and as such constituted a miscarriage of justice within the meaning of the Criminal Appeal Act, 1945; and (3) against the sentence of preventive detention, on the ground that such a sentence was not justified. Mr G. S. Orr appeared for the Crown.

The Court of Appeal comprised Mr Justice K. M. Gresson, Mr Justice Cleary, and Mr Justice Hutchison. The Court reserved its decision.