New trial is ordered

Press, Volume CXII, Issue 33093, 7 December 1972, Page 10

New trial is ordered

(N Z. Press Association) WELLINGTON, Dec. 6. The Court of Appeal yesterday allowed an appeal by Claude Patrick Honey, convicted in the Supreme Court in Christchurch on September 1 of receiving a quantity of stolen copper tubing. Honey had been tried before Mr Justice Wilson and a jury, convicted and sentenced to 15 months imprisonment. He appealed against conviction only. The Court of Appeal quashed his conviction and ordered a new trial. The Court argued that there was a summing up in which the Judge gave a clear indication of his own view that guilt had been proved by the evidence. It held that if a judge thought fit to indicate a strong view of his own on the evidence, it must be very desirable that he should not omit to direct the jury that the question of fact upon which he had expressed his own view was a question for their decision, and that they must not accept any view which he may have expressed as binding upon them. It was held that Mr Justice Wilson did not give the jury this essential direction. The Court comprised Mr Justice Turner (presiding), Mr Justice Richmond and Mr Justice White. Mr C. B. Atkinson appeared for Honey, and Mr D. L. Mathieson for the Crown.