Youth discharged

Press, 22 July 1980, Page 5

Youth discharged

After the conclusion of the Crown case in the High Court yesterday Mr Justice Rope-r discharged a youth under section 347 of the Crimes Act on a charge of pi - session of heroin. The youth, John William Sherlock, aged 19, a Borstal inmate, had pleaded not guilty to a. charge of posses-; sion of heroin on December! 13. The discharge- is the! equivalent of an acquittal. Mr B. M. Stanaway appeared for the Crown, and ■Mr G. K Nation for Sherlock. Before the trial commenced on the Tieroin charge Sherlock pleaded guilty to a charge of burglary of a house in Appleby Crescent on , December 12 and . to a charge of forging a cheque for $B5 on December 13. He will be sentenced on those! charges on July 25. Opening his case Mr| Stanaway said that about] 2.50 o.ni. on December 13i Sherlock was stopped by the)

police while driving a car in Oxford Terrace. When the vehicle was searched a packet of cigarettes, which contained heroin, was- found under the driver’s seat. There were 219 milligrams of a white powder of which 17.2 milligrams comprised heroin. Questioned by the police Sherlock denied any knowledge of the heroin. There were needle marks on ms arms, but there were none on Jhe arms of his two passengers. Sherlock admitted that he had “tasted” heroin that morning — injected the drug, Mr Stanaway said. At the conclusion of the Crown case counsel saw his Honour in chambers and when the hearing resumed he told the jury that an application had been made by Mr Nation for Sherlock t o be discharged. His own opinion was that the Crown evidence left a good deal to be desired and that if the case was left for the jury an injustice could be done.