ANOMALY OF THE LAW

Inangahua Times, 28 October 1932, Page 3

ANOMALY OF THE LAW

CALLING FOR REVISION UNAUTHORISED REMOVAL OF A • -CAB(United Press Aass;,) AUCKLAND, Last Night. An anomaly of the law which urgently needs revision was referred to by Mr Justice Herdman in the Supreme Court when three young men were jointly Charged with stealing a motor car. Mr Meredith, on behalf of the Crown, said there was a difficulty in the case, namely whether on the facts which would he adduced in the evidence the jury could reasonably decide that there was intent to steal. If there was no such intention, the case could only he dealt with under the Police Offences Act. Mr Hogben, for one of the accused, submitted that there was no evidence for the case to go before a jury. Undoubtedly, these men had committed an offence hut in order to substantiate the charge of theft, there must he definite evidence of an intention to steal the car. In the present case, said counsel, there was nothing more than conversion of a car.

Addressing the jury, his Honour said, “Under the Crimes Act, it is required to prove not only that an article has been taken illegally, hut also that it has been taken with intent to convert it to the use of the person who has taken it. The person taking it must, in law as the law at present stands, have intended to deprive the owner of its value. 4 *lt would seem,** continued his Honour, “that as our law stands in New Zealand at the present time, if a man opens a garage and drives about in a car which he intends to return, he has not committed theft.

Technically speaking, therefore, the evidence to he opened by the Crown tt this case, falls short. It is, to my mind, a question whether some amendment of the Crimes Act should not be made in order to make this a crime and as such punishable by indictment. “It would appear that, at present, the position is, that proceedings suitable to this case, can only be taken in the Magistrate's Court. This is not a satisfactory position. Tar from it. However, it is my duty to direct you in the case before you to return a verdict of not guilty. It is an unsatisfactory position but there is no alternative. * * Without leaving their seats, the jury immediately returned a verdict as directed by the Judge and accused were discharged. The charge against them was, that on August 7th last, they broke into a motor garage in Remuera and stole a motor car valued at £3OO.