Discharge case for appeal

Press, 28 May 1983, Page 6

Discharge case for appeal

.The police file on the case °f a student who was discharged without conviction after pleading guilty to a charge of shoplifting this week will be sent to Wellington to see if an appeal is possible. The student, who is studying law at the University of Canterbury, was discharged by Judge Jamieson after his counsel said that a conviction could seriously affect his client’s career and would be out of all proportion to the offence. His name was ordered not to be published. The student has twice before been discharged without conviction on shoplifting charges. A discharge without conviction of this kind is equivalent to an acquittal and creates no criminal record. Anyone who is given such a discharge and who subsequently appears in court is treated as a first offender. Judge Jamieson would have been unaware of the previous discharges. Chief Inspector John Phelan said yesterday that the police had 14 days from last Monday, when the case was

dealt with, in which to appeal. He expected the decision would be made by the end of next week. As in all proposals for appeals by the Crown, the discretion lies with the Solicitor-General.

The police rarely appeal, and then usually on the ground that a senence is “manifestly inadequate.” Mr Phelan said yesterday: “We can not appeal against the sentence because there was not one. We can appeal only on a question of law as to whether the Judge exercised his discretion rightly in discharging without conviction.”

The student was apprehended in the New Brighton Mall last Saturday by Mr Alan Cockburn, the manager of Grades New Brighton, Ltd, a men’s wear shop. The student was charged with stealing a jacket worth $97. Mr Cockburn said that his firm had written to the police, the Retailers’ Federation, the local member of Parliament, and to the Minsister of Justice, to voice its dismay at the discharge.

He said that the student had been carrying a bogus parcel with which to carry away the goods he stole. Mr Cockburn noticed him leaving the shop with the jacket label dangling from the bottom of the parcel. If the law student were convicted it would not mean an automatic disqualification from admission to the bar. However, all candidates who wish to become lawyers must have a certificate from the president of the local Law Society attesting to their good character.

This is given after some scrutiny of the candidate’s background. A conviction for a crime of dishonesty would count strongly against a candidate.

The commander of the Christchurch police district, Assistant Deputy Commissioner G. E. Twentyman, said that the situation shown by the case would be brought to the attention of police headquarters. It might be a matter in which a change in the law was required and the police would have to draw it to the attention of the legislators.