JUSTICES’ JUSTICE.

Hawke's Bay Herald, Volume XXXVII, Issue 12062, 25 January 1902, Page 3

JUSTICES’ JUSTICE.

CONVICTION QUASHED. [by telegraph 3 t Auckland, Friday. A case of considerable interest was dealt with at the Supreme Court by Mr Justice Conolly, which resulted in the quashing of the conviction recorded by Messrs R. F. Webster and John Canlass, J.’sP., against Charles Keid. Mr J. R. Reid appeared in support of the motion to quash the indictment. Mr F eid said the conviction was bad at law, that the Justices had no jurisdiction, as in offences where a man was liable to more than three months’ imprisonment, not being an assault, he was entitled to the option of being tried by a jury.

The affidavit of Charles Reid set forth that he, being under the influence of liquor, jumped int) the Waikato river. He then went under the wharf, and afterwards swam in view of people when in a nude condition. He was subsequently charged with indecent exposure, and sentenced to six months’ imprisonment. He was not told that he had the op-ion to be tried by a jury, nor was he aware he had any such right. Mr Reid submitted that there was no doubt of the right of accused to have been given the option of a trial by jury. The only point was the wording of the Act that a Magistrate should inform the accused of his right. He could not think that it was intended the word "Magistrate ” there should be strictly construed to mean Stipendrary Magistrate. His Honor said this was a case where the information ought to have been given to the accused; that he had a right to be tried by a jury, but it is quite probable neither the Justices nor the man himself were aware of the fact. That, however, had nothing to do with the matter. The conviction was quashed.