STANDING HAY SOLD

New Zealand Herald, Volume LXXIII, Issue 22464, 7 July 1936, Page 12

STANDING HAY SOLD

UNUSUAL THEFT CHARGE CONVICTION AT OTAHUHU The question whether the wrongful selling of standing hay constituted theft was argued in the Otahuhu Police Court yesterday before Mr. F. K. Hunt, S.M., when Walter William Crump was charged with stealing two acres of hay, making 95 bales, worth £3 10s, tho property of James Patrick Farrell. Mr. Elwarth, for accused, entered a formal plea of not guilty, and submitted that the accused's acts did not constitute theft.

-Sergeant Cahill said accused lived in a house adjoining a vacant section owned by Farrell. In January and February there was a good crop of hay on the paddock, and accused sold it to a man, who had later arranged for the hay to be cut and removed. On March 9 MrrffFarrell visited the section and found the hay had been removed. When accused was. anproaOhed by the police, he denied all knowledge of the transactions, and later said ho had burned tho hay off. Quoting the Justices of the Peace Act, Sergeant Cahill said the action of accused in converting the standing growth to hay through sale, constituted theft. Mr. Elwartli said he wished to make it clear that he was not arguing that accused did not do something wrong. Tt was admitted he should not have sold the rights to tho hay. He submitted, however, that it was extremely doubtful if tho act constituted theft. Mr. Hunt held that accused was liable to conviction for theft. Accused tlien admitted the charge. Mr. Elwarth said that when accused rented the house, bo was told by the agent that he would probably be able to obtain the grazing-rights of the section. This was arranged later, but it was in the interval that accused sold the hay. He thought ho had some semblance* of right to tho hay. Counsel asked for leniency. Accused was fined £1 and ordered to make restitution of £3 10b.