CONVICTION UPHELD

Press, Volume CIV, Issue 30845, 2 September 1965, Page 6

CONVICTION UPHELD

Indecent Tape Recording

An appeal by Phillip David Harris, aged 22, a workman, against his conviction on July 1 on a charge of exhibiting an indecent tape-recording to persons under the age of 18 years was dismissed by Mr Justice Wilson in the Supreme Court yesterday. Mr N. R. Morgan appeared for the Crown, and Mr M. J. Glue for Harris. Mr Glue said it was conceded that the tape was disgraceful, appalling, and obscene. The appeal was on a point of law and centred on the word “exhibit” and the manner in which the Court could interpret that word. If the playing of an indecent tape was meant by Parliament to be a punishable offence then the sub-section of the Act would have included the word “play,” as it did in another sub-section. Also, it was necessary under the subsection for the recording to pass to “the hands” of the persons under 18 years. Mr Morgan said the word “exhibit” had several shades of meaning, of which one was to present to mental view. Dismissing the appeal, his Honour said he would give later his reasons in writing. Driver Fails In Appeal Mr Justice Wilson in the Supreme Court yesterday dismissed an appeal by lan Roger Griffiths, aged 20, an insurance clerk, against his conviction in the Magistrate’s Court on June 28 on a charge of careless driving in Lyttelton street on April 1 causing the death of Frederick George Bidulph. Mr C. B. Atkinson appeared for Griffiths. Mr N. R. Morgan appeared for the Crown.