IMPORTANT LEGAL DECISISON.

Marlborough Express, Volume XLVII, Issue 141, 17 June 1913, Page 3

IMPORTANT LEGAL DECISISON.

UNDER THE DEFEND ACT.

APPEAL AGAINST CONVICTION UPHELD.

[Press Ass ociation . ] WELLINGTON, June 16

In a Territorial appeal against a. .conviction for failure to render personal service at Alexandra, Sir Joshua Williams delivered judgment to-day. His Honor held that at the time the alleged offences were committed, as the law then stood it was abundantly clear that defendants were perfectly justified in refusing to attend, parades. As to the point that the Act of 1912, by its retrospective effect, aJtered the law, his Honor s&icb that if defendant was properly convicted the Legislature, by ex posto Statute, had made an act which was innocent when, committed, if not laudable, punishable'as a crime, which was violating all the principles of jurisprudence. Sir Joshua Williams said that he could not imply such an intention on the part of the Legislature from general words used in Section 78, and if the. Legislature did not express^ in plain terms its intention of punishing people for acts which were done when innocent the Court could not infer that it was the Legislature's intention to work a palpable injustice. No duty ■existed, and there could be no conviction.

The conviction was quashed, with ten guineas costs.