Decision Reserved In Fineberg Appeal

Press, Volume CVII, Issue 31551, 13 December 1967, Page 34

Decision Reserved In Fineberg Appeal

(N.Z. Press Association) WELLINGTON, Dec. 12. The Court of Appeal today reserved its decision on Neville Fineberg’s appeal against his conviction for attempted murder.

Fineberg was convicted in Auckland in September of attempting to murder Wylie Hanby Roberts, and was Sentenced to five years imprisonment

Earlier, both Fineberg and Roberts had been rescued from a drifting ketch. For the Crown today, Mr D. P. Neazor examined in detail the trial judge’s summingup, in which, counsel said, matters both favourable and unfavourable to the appellant had been considered.

The summing-up had been criticised on the ground that the defence of self-defence had not been put to the jury in respect of the charge of attempted murder, but the reason for this was to be found in the circumstances of the trial, Mr Neazor submitted.

The Crown’s charge was based on Roberts’s story of a murderous attack, and if Roberts’s story was accepted the defence of self-defence could not be raised. It was clear from the sum-ming-up, counsel added, that there could not have been a conviction on the charge of attempted murder if Fineberg’s story was accepted. The court comprised Mr Justice North (president), Mr Justice Turner and Mr Justice McCarthy.