Conviction quashed

Press, 9 May 1979, Page 4

Conviction quashed

PA Wellington A conviction against John Frederick Dixon, aged 16, unemployed, on a charge of murdering the night watchman at the Ruakura Animal Research Station has been quashed by the Court of Appeal and a new trial ordered. The Court comprised the president (Sir Clifford Richmond) Mr Justice Cooke, and Mr Justice Richardson. Dixon was found guilty by a jury in the Supreme Court at Hamilton of murdering Joseph Hishon, on August 25. The Court of Appeal

heard that it was contended the trial judge had misdirected the jury, or failed adequately and fairly to put the defence to the jury. The judgment, delivered by Sir Clifford Richmond, said that a passage in the summing-up connected with one question of recklessness had given the Court the greatest concern. “We find it difficult to accept that the judge really intended to convey to the jury that the requirements as to recklessness would be satisfied either by proof of recklessness at the time of the

act which caused death, or by recklessness after the act which caused death,’’ Sir Clifford said. “It may well be that he intended to do no more than explain to the jury that, the conduct of an accused person both before and after some particular event may, in appropriate circumstances, be relevant in an inquiry as to his state of.mind at the'time of that event,” he said. “We are driven to the conclusion that the directions given by the judge on this particular point amounted to a serious misdirection,” Sir Clifford said.