Appeal lost

Press, 23 February 1978, Page 2

Appeal lost

A used-car dealer who pocketed the $5 he was given to change the ownership papers of a car he had bought had his appeal against a Magistrate’s decision to discharge him without conviction under section 42 of the Criminal Justice Act on two charges of theft, dismissed by Mr Justice Somers in a reserved decision given in the Supreme Court yesterday. The car dealer, Allan Wayne Boyd, was ordered by the Magistrate to pay witnesses’ expenses of $26. Mr A. D. Holland appeared for Boyd and Mr N. W. Williamson for the Crown. His Honour said that a person who traded in his car on the purchase of another vehicle from Boyd’s company signed the change of ownership form and paid

him $5 to register the change. That was never done but the change of ownership was registered when Boyd sold the car to a customer. Boyd was found guilty on two charges of theft under section 222 of the Crimes Act which arose from his failure to pay the $5 to the Post Office. The person selling the car was obliged to notify the name and address of the new owner and to pay the $5 transfer fee. The $5 was received by Boyd on terms requiring him to pay it to the Post Office and that was the only rational inference to be drawn from the circumstances. The money was handed over on no other footing than Boyd would discharge the obligation imposed on the seller by statute. His Honour was satisfied that the Magistrate had reached the correct conclusion