Two Appeals Dismissed

Press, Volume CVI, Issue 31224, 23 November 1966, Page 14

Two Appeals Dismissed

Two appeals against conviction were both dismissed by the Chief Justice (Sir Richard Wild) in the Supreme Court yesterday.

In submissions on behalf of David John Aiken, aged 24, a panel beater, who appealed against conviction for theft of a tin of petrol from a carrepair yard, Mr G. R. Lascelles claimed that a magistrate had “beaten the gun” in finding guilt before establishing an actual theft. Although the empty tin had been found in the boot of Aiken’s car, it was only inference—and not proof—that Aiken had stolen the petrol. His Honour held that there was evidence to justify an inference of theft, which the magistrate had been entitled to make. Failure To Give Way An appeal by. Kenneth Barrett Smith, an insurance assessor, against conviction for failing to give way when making a right-hand turn was based on a submission, through Mr C. B. Atkinson, that a motorcycle which had struck the rear of his car could not be regarded as “an approaching vehicle.”

In an analysis of the evidence, Mr Atkinson said that it could be held that the motor-cyclist had just started to accelerate towards the intersection, from a stationary position at the side of the road, when Smith began his turn.

His Honour said the basis of the magistrate’s decision was that Smith should have see the motor-cyclist before he made his turn—and he considered the magistrate correct in that view.

Mr C. M. Roper opposed both appeals on behalf of the Crown.