CONVICTION QUASHED

New Zealand Herald, Volume LXIX, Issue 21240, 21 July 1932, Page 12

CONVICTION QUASHED

MISDIRECTION OF JURY AUCKLAND APPEAL SUCCEEDS [by TELEGRAPH—rRESS association] WELLINGTON, Wednesday Judgment was given by tho Appeal Court to-day in tho appeal brought by Marwood Dean, farmer, aged 38, against tho verdict of tho jury in convicting him on fivo charges of carnal knowledge of a girl under tho ago of 16 years.

Accused was tried at. Auckland before Mr. Justice Smith in May, but the jury failed to agree. A second trial was held before Mr. Justice Herdman, when the jury returned a verdict of guilty, but tho Judge reservod questions of law as to misdirection for tho opinion of tho Court of Appeal. At the Appeal Court hearing, it was stated that the specific grounds upon which tho appeal was based were that at tho trial tho Judge misdirected tho jury, that definite dates sworn to in evidence by tho girl as being the only dates on which tho alleged offences were,committed were immaterial, and also that at the trial the Judge omitted to direct on tho defence of alibi. Tho Solicitor-General submitted that tho direction of tho trial Judge in no way misled the jury. If it was necessary to prove conclusively the exact date of tho occurrence of any offonce such as the one alleged, the administration of justice would bo severely handicapped. Tho trial Judge, ho continuel, was under no obligation to discuss tho alibi, which had already been discussed by counsel at considerable length. The Chief Justice, Sir Michael Myers, in delivering judgment, said in his opinion thero had been a misdirection of the jury by the trial Judge, and that that misdirection might have affected Dean's chances of acsuittal. Therefore, the conviction should be quashed and a new trial ordered. ; Tho other four members of tho Bench agreed with tho Chief Justice's decision.