AN UNUSUAL PLEA

Hawera Star, Volume LIV, 25 July 1935, Page 7

AN UNUSUAL PLEA

CHARCE OF RECEIVING VERDICT PREVIOUSLY GIVEN DISMISSAL BY MAGISTRATE (By Telegraph—Press Association.) WELLINGTON, July 24. When two charges of receiving stolen petrol were read in the Magistrate’s Court to-day counsel entered the unusual plea of “autrefois acquit.’’ contending that the accused had already been dealt with by another magistrate who, it was submitted, had no jurisdiction to bring in the verdict of “dismissed without prejudice” 'that he had given. The accused was Charles Horace Boneey-, a milk roundsman, and he was charged with receiving four gallons of petrol valued at 6s, the property of the Atlantic Oil'Company, from Charles Leonard Key on February 4, 1934, and ten gallons valued at 15s on March 25. 1934.

Mr. G. Neal, who appeared for Boncey, said Boneey had already been charged with the offences before Mr J. G. L. Hewitt, S.M. He had been charged with receiving 280 gallons of petrol over a period up to August, 1934* and the magistrate dismissed the matter without prejudice. The information was laid under Part 5 of the Justices of the Peace Act, 1927, and it was contended the verdict was equivalent to one of not guilty and that Part 5 was a complete code in itself. Under Part 5 the only jurisdiction was to convict or acquit, and Section 261 provided that no person should be tried or punished twice for the same offence.

The magistrate, Mr. E. D. Mosley, S.M.: All the machinery of the Justices of the Peace Act clearly must be read as a whole.

Hr. Neal: L do not think there can be any doubt that the two charges in this case did clearly come under the other charges. The only question is whether or not the magistrate who heard the prior charge under Part 5 had power to dismiss without prejudice.

The magistrate: 1 think the whole Act must be read as a body, and J think personally he. had ample jurisdiction under Section <3•

The magistrate proceeded with the hearing of the charges and after evidence had been given dismissed them, remarking that Boneey should have the benefit of the very considerable doubt that existed.