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Conviction quashed

An appeal by Michael (Joseph Morgan, aged 22, unI employed, against a conviction in the Christchurch j Magistrate’s Court on a (charge of possession of cannabis on July 17 was allowed by Mr Justice O'Regan in the (Supreme Court yesterday His Honour quashed the conviction.

Mr M. J. Glue appeared for. Morgan, and Mr G. K. Panck- ! hurst for the Crown. His Honour said that he considered the issue was not solely one of credibility. The matter had been dealt with in a fairly perfunctory way in the evidence. Morgan had not been told by the detective in what room of the motel the cannabis had been found, nor in which drawer, nor was he asked whether he had occupied the room. The detective had proceeded on the assumption that what hehad been told by another person—that Morgan had occupied the room—was correct. Morgan had not been shown the matchbox, and so had been denied the oppor-, tunity to say whether it was his.

“I don’t think that this is good enough in a criminal prosecution.” said his Honour. “The matchbox andthe room were not identified sufficiently to allow a conviction.”

Permanent link to this item

https://paperspast.natlib.govt.nz/newspapers/CHP19731214.2.126

Bibliographic details

Press, Volume CXIII, Issue 33408, 14 December 1973, Page 10

Word Count
193

Conviction quashed Press, Volume CXIII, Issue 33408, 14 December 1973, Page 10

Conviction quashed Press, Volume CXIII, Issue 33408, 14 December 1973, Page 10

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