Supreme Court APPEAL UPHELD

Press, Volume CXV, Issue 33777, 25 February 1975, Page 19

Supreme Court APPEAL UPHELD

Assault by words An appeal by Cecil Cordner, aged 55, a farmer of Lakeside against a conviction by Mr F. G. Paterson, S.M., in the Christchurch Magistrate’s Court on a charge of assaulting his son on September 23, has been upheld by Mr Justice Somers in the Supreme Court. His Honour quashed the conviction which was entered on October 31. Mr P. F. Whiteside appeared for Skinner and Mr N. W. Williamson for the Crown. His Honour said that on the morning of September 23 Skinner had an argument with his son, Athol, at their home. Skinner threatened to get a gun and finish off his son and his wife. There was no evidence of any physical act in the sense of movement by Skinner or of any gesture and Mr Williamson was not able to point to any act or gesture other than the spoken words. At the time Skinner had a gun or guns in his garage, some 40ft away, and to reach it he would have had to walk through three rooms. His Honour upheld Mr Whiteside’s submission that Skinner did not have, and .iid not cause his son to believe on reasonable grounds hat he had, the “present [ ibility to effect his purpose.”