SHAREHAWKING CHARGE

New Zealand Herald, Volume LXXIV, Issue 22859, 14 October 1937, Page 14

SHAREHAWKING CHARGE

HOUSE-TO-HOUSE CASE CALVERT'S APPEAL ALLOWED [BY TELEGRAPH —PRESS ASSOCIATION] WELLINGTON, Wednesday Judgment in -the case of Harold Calvert versus John Albert Colin Mackenzie, hoard on September 22, was delivered by the Full Court this morning. Calvert's appeal against his conviction on a charge of sharehawking in July and August, 1935, was allowed, and his conviction was quashed.

The appellant was convicted at Invercargill in October, 1936, on an information charging that, in July and August, 1935, at Riverton and elsewhere, lie went from house to house offering shares for subscription in the McArtliur Trust, Limited, to certain members of the public —namely, certain named debenture-holders in the Investment Executive Trust, Limited. A fine of £2OO was imposed and an order was made for the payment of £ll costs. In his judgment the Chief Justice, Sir Michael Myers, came to the conclusion that there was not a "going from house to house" by Calvert within tho meaning of section 343 (2) of the Companies Act, 1933, which was a necessary ingredient of the offence. In tlife joint judgment of Mr." Justice Ostler aful Mr. Justice Smith it was held that on the facts as found by Mr. Justice Kennedy in bis judgment the lapse of time between the visits made by Calvert left it too uncertain to draw the conclusion that there was a going from house to house bv him. Mr. Justice Kennedy, who reviewed the facts of the case at length, decided that'they were' not sufficient to justify 12 reasonable men coining to the conclusion that Calvert had gone from house to house.