CHARGES OF RECEIVING

Otago Daily Times, Issue 22632, 25 July 1935, Page 11

CHARGES OF RECEIVING

UNUSUAL PLEA RAISED THE PROSECUTION FAILS (Pee United Press Association) WELLINGTON, July 24. When two charges of receiving stolen petrol were read in the Magistrate's Court to-day counsel entered the unusual plea of " autrefois acquit," contending that the accused had already been dealt with by another magistrate, who, it was submitted, had no jurisdiction to bring in the verdict of "dismissed without prejudice" which he had given. The accused was Charles Horace Boncey, a milk roundsman, and he was charged with receiving four gallons of petrol valued at 6s, the property of the Atlantic Oil Company, from Charles Leonard Key on February 4, 1034, and 10 gallons valued at 15s on March 25, 1934.

Mr G. Neal, who appeared for the accused, said that Boncey had already been charged with the offences before Mr J. G. L. Hewitt, S.M. He had been charged with receiving 200 gallons of petrol over a period up to August, 1934, and the magistrate had dismissed the matter without prejudice. The information was laid under Part 5 of the Justices of the Peace Act, 1927, and it was contended that the verdict was equivalent to one of not guilty and that Part 5 was a complete code in itself. Under. Part 5 the only jurisdiction was to convict or acquit, and Section 201 provided that no person should be tried or punished twice for the same offence. The magistrate, Mr E. D. Mosley: All the machinery of the Justices of the Peace Act clearly 'must be read as a whole.

Mr Neal: I don't think there can,be any doubt that the two charges in this case did clearly come under the other charges. The only question is whether or not the magistrate who heard the prior charge under Part_ 5 had power to dismiss without prejudice. The magistrate: I think the whole Act must be read as a body, and I think, personally, he had ample jurisdiction under Section 73. The magistrate then proceeded with the hearing of the charges, and after evidence had been given dismissed them, remarking that the accused should get the benefit of the very considerable doubt that existed.