DIRECTION TO JURY

Evening Post, Issue 87, 9 October 1936, Page 14

DIRECTION TO JURY

PRISONER APPEALS

CONVICTIONS DISCLOSED

Whether a proper earectlon nad'been given to the jury, and whether the conviction of Bernard Lewis Blackwell should be reversed or affirmed, or whether there should be a new trial, were questions placed before the Court of Appeal yesterday afternoon in a case stated.

Blackwell was arraigned before Mr. Justice ■Northcroft at the July sitting of the Supreme Court at Timaru upon an indictment upon which he was charged on two counts with selling beer without a licence, having twice previously been convicted of that offence. The first jury failed to agree and there was a second trial at which the accused was convicted of the offences charged and was admitted to bail. On the application of counsel for the accused, there being no opposition by the Crown, the parts of the indictment relating to prior convictions were not read to the jury. . Because of a certain submission during the second trial, however, his Honour informed the jury in his summing-up of the omission of part of the indictment, and he read the whole indictment. He pointed out that the fact of prior conviction was generally withheld from juries lest it should prejudice a fair trial and he directed them not to consider from the prior conviction of the accused that he was guilty of the charges then under consideration, but that they must decide upon the evidence whether the charges were proved. He explained that he haO referred to the prior convictions only because of a suggestion of the defence contrasting a convicted person with the prisoner, presumably an unconyieted person.

Whether this was a proper direction was the question to be decided by the Court of Appeal, consisting of the Acting Chief Justice (Sir John Reed), Mr. Justice Ostler, Mr. Justice Blair, Mr. Justice Kennedy, and Mr. Justice Callan.

The Solicitor-General, Mr. H. H. Cornish, K.C., appeared for the Crown, and Mr. P. D. Sargent, of Christchurch, for Blackwell.

Decision was reserved.