Conviction for theft quashed on appeal

Press, 27 May 1978, Page 4

Conviction for theft quashed on appeal

A young man who lent his employer’s paint colour tinting machine, valued at $5OO, to a friend was wrongly convicted of theft. Mr Justice Casey held in the Supreme Court yesterday. His Honour quashed a conviction of theft against Gary Robert Malaquin, aged 22, ’ a workman, who had been fined $lOO by Mr K. W. Frampton, S.M., in the Magistrate’s Court. The charge was defended. Mr D. C. Fitzgibbon ap-j peared for the appellant and Mr D. J. L. Saunders for the Crown. Mr Saunders said that he could find no ground to support the Magistrate’s finding. that theft had been com-: mitted. His Honour said that Mri Malaquin lent a colour-: tinting machine, owned by

; his employer, to a friend and had told him that it had to be returned in good condition. On the evidence, the Magistrate incorrectly came : to the conclusion that Mr Malaquin had taken the machine fraudulently and 'without colour of right beI cause he had had no authorI itv to take the machine. There was a gap in the ( oroof required for theft, as . there had been no evidence that Mr Malaquin had intended to deprive the owner ) permanently .of the machine, his Honour said. There had i obviously been a conversion of the machine but it did ' not amount to theft. Mr Saunders had quite ' properly conceded that he (could not support the con- ■ viction on a charge of theft. 'The appeal would be allowed iand the conviction quashed, his Honour said.