Former Solicitor’s Appeal Hearing

Press, Volume C, Issue 29695, 13 December 1961, Page 11

Former Solicitor’s Appeal Hearing

<New Zealand Press Association)

WELLINGTON, Dec. 11. The Court of Appeal this morning began the hearing of an appeal brought by Robert William Tennent, a former solicitor, against his conviction in the Auckland Supreme Court on October 13, 1961, on five counts of theft. Tennent was sentenced by Mr Justice T. A. Gresson to six months’ imprisonment. He was charged on seven counts of theft, all the offences being committed between November 30, 1958, and March 24, 1959, when Tennent made unauthorised loans of moneys, held in his trust account to the credit of clients, to other clients. The total amount involved in the seven charges was approximately £13.000. The jury found Tennent not guilty on two counts and guilty on five counts, which involved a total of £10,672. Tennent is appealing against his conviction on the following grounds: (a) That the trial Judge in summing up failed to direct the jury that the requirements of Section 240 of the Crimes Act, 1908 (relating to theft) must be satisfied before the jury could convict Tennent of theft under Section 244 of the Act (b) That the verdict of the jury cannot be supported having regard to the evidence. (c) That there was a miscarriage of justice in that the indictment did not allege tkat Tennent had committed theft, and consequently did not in substance state a crime. Mr A. L. Tompkins, Q.C., with him Mr R. P. Smellie, both of Auckland, are

appearing for the appellant, and the Auckland Crown Prosecutor, Mr G. D. Speight, is appearing for the Crown. In his opening statements Mr Tompkins agreed that these offences were in substance thefts by misappropriation, and that each count related to occasions when Tennent had used clients’ funds without their authority, and had lent such funds on mortgage to other clients. Mr Tompkins said that no money was lent by Tennent without there being an executed security, although the mortgagee’s name in the securities had been left blank. Tennent was suspended from practise on April 20, 1959, and was struck off the rolls by the Law Society on October 20, 1959. Mr Tompkins extensively reviewed the history of the present Section 244, under which the charges against Tennent were laid, to illustrate his submission that the definition of theft as found in Section 240 applies also to the word “theft” in Section 244. The Court of Appeal, which is hearing the appeal, comprises the Chief Justice, Sir Harold Barrowclough, the President, Mr Justice K. M. Gresson, and Mr Justice North.