SUPREME COURT Woman Acquitted Of Robbery, Receiving

Press, Volume CIII, Issue 30447, 22 May 1964, Page 8

SUPREME COURT Woman Acquitted Of Robbery, Receiving

Nonna Theresa Travers, a hotel domestic, was found not guilty by a jury in the Supreme Court yesterday on charges of robbing Norman Frederick Orchard of a wallet and £l5 on February 20 and receiving £5 on the same date, knowing it to have been dishonestly obtained. Mr Justice Macarthur discharged the accused.

The jury gave its verdict without retiring. His Honour said there was no case to answer oh either count, and asked the jury to return a verdict of not guilty on both. Mr I. C. J. Polson appeared for the Crown and Mr J. F. Burn for the accused. His Honour said that a written statement made by the accused had been challenged, and the onus was therefore on the Crown to show it was free and voluntary and made by the accused in a proper physical and mental state as required by common law for its admissibility. “The police officers have given evidence truthfully and fairly, and I was particularly impressed with the evidence Of a policewoman, Constable Boyle. All say the accused was mildly intoxicated, but none has any doubt that she

was in a fit state to make a statement.” He said the evidence of Dr. Tripp, who had the advantage of knowing the accused’s medical history, was opposed to the view taken by the police. The doctor saw the accused about three hours after the statement had been made and expressed the opinion that, having regard to her physical and mental condition as he observed it, she was not in a fit state to make a fullyreasoned statement “I am left in some doubt as to whether she was in a fit mental state, and, that being so, the Crown has not discharged its onus. The written statement is inadmissible and may not be tendered in evidence,” his Honour said. His Honour said he was fully alive to the fact that in the public interest, the police should not be hampered in taking statements. The case was unusual and the circumstances were not likely to apply to many cases of the kind. Mr Polson said that, the statement having been held inadmissible, it was fair to concede there, was no evidence on either of the charges. He had no further evidence to call, and did not wish to address the jury.