Wizard’s appeal on legal point

Press, 16 July 1980, Page 3

Wizard’s appeal on legal point

PA Wellington Refusal to fill in a census form during the 1976 census had a sequel in the Court of Appeal in Wellington yesterday. lan Brackenbury Channell, of Mersey Street, Christchurch, also known as the Wizard of Christchurch, is appealing against his conviction for an- offence under the Statistics Act. The appeal is on a point of law, namely whether the ' ruling of Mr Justice Roper 1 in the Christchurch High < Court, that Channell’s refus- j al to supply particulars was a continuing offence, was er- I roneous in law. ; The Court comprises the < president, Sir Clifford Rich- t mond, Mr Justice Richardson, and Mr Justice McMullin. For Channell, Mr D. Toffs said there was no dispute , that the appellant did refuse , to answer the schedule demanded of him. The sole ground for appeal was whether the infer- < mation alleging the offence was laid within the time , specified under section 48 of the act. The duty imposed on the appellant was clearly delineated in time, namely census night, counsel said. ] The offence was complete on , a specific day, he contended. For the Statistics Depart- ( ment, Mr G. K. Panckhurst said the' appellant had been approached on a number of occasions by the department ' with requests to supply the information sought. The prosecution stood or fell on the question of whether it was a continuing offence, Mr Panckhurst said. He submitted that it was a continuing offence.