Appeal Against Burglary Conviction Allowed

Press, Volume CIX, Issue 31988, 15 May 1969, Page 24

Appeal Against Burglary Conviction Allowed

(New Zealand Press Association) WELLINGTON, May 14. The Court of Appeal today heard and allowed an appeal brought by Brian Carrihgton against his conviction on a charge of burglary by a jury in the Supreme Court at Christchurch on October 17, 1968.

Mr Justice Wilson sentenced Mr Carrington to three years imprisonment on October 24.

The Court of Appeal ordered a new trial. Mr Carrington was represented by Mr C. G. Powles., The Crown was represented by Mr D. P. Neazor. The Court comprised Mr Justice North, Mr Justice Turner and Mr Justice McCarthy. Mr Powles submitted that the verdict was unreasonable, having regard to the evidence and that there had been a miscarriage of justice in that the evidence of two witnesses

was not before the jury and that the prosecution introduced gravely prejudicial evidence unrelated to the charge. His Honour Mr Justice North drew attention to the trial judge’s summing up to the jury, in which he directed the jury that they could rely On an unsworn statement to come to their verdict.' The Court of Appeal decided that the trial judge had erred in so directing the jury. The Court ordered that the conviction be quashed and the case remanded to the Supreme Court at Christchurch for a new trial.