POWER OF COURT
Theft Charge Substituted
There was power for the Court to substitute a summary offence for an indictable one, said Mr E. S. J. Crutchley. S.M., in the Magistrate's Court yesterday when giving a reserved decision on an application bv the police to substitute a charge of ordinary theft for one of theft as a servant.
William O’Neill, aged 43, a freezing worker, had originally been charged with theft as a servant of two lamb's livers valued at 60c, the property of the New Zealand Refrigerating Company, Ltd. O’Neill, who is represented by Mr B. McClelland, elected trial by jury. When O'Neill appeared for the taking of depositions. SeniorSergeant F. G. Mulcare offered no evidence on the charge and applied to have a charge of theft substituted.
This was opposed by Mr McClelland who asked that the information be dismissed and that costs be awarded against the police. Decision was reserved.
Giving his decision, the Magistrate said that he would not express any view on the pro priety of the procedure adopted. He was unable to see that the Act had been circumvented when the prosecution was doing no more than it had power to do under the Act.
The charge of theft was adjourned to March 24 to make arrangements for a fixture.
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https://paperspast.natlib.govt.nz/newspapers/CHP19690320.2.52
Bibliographic details
Press, Volume CIX, Issue 31942, 20 March 1969, Page 5
Word Count
216POWER OF COURT Press, Volume CIX, Issue 31942, 20 March 1969, Page 5
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