SLY GROG CASE APPEAL

Poverty Bay Herald, Volume LXIII, Issue 19141, 9 October 1936, Page 11

SLY GROG CASE APPEAL

TWO TRIALS NEEDED

DIRECTION TO JURY

(P«r Press Association.) WELINfITON, last niglil

Bernard Lewis Blaekwell, of Ashburton, was charged on two counts before Mr. Justice Northcroft nnd a jury at Timnru in July that on April ][>, 1936, and March 28, 193(3, at Ashburton, he sold liquor, namely, beer, without being duly licensed. It was stated that the accused had been twice previously convicted for a similar offence.

There were two trials, the jury being unable to agree at the first trial. At the request of counsel for the prisoner, those portions of tho indictment relating to prior convictions were not read to the jury. No evidence was called for the defence. In.his summing up, Mr. Justice North croft in formed the jury that a portion of tho indictment, had not been read to them a'nd the whole indictment was thou rend. His Honour explained that the jury was not informed of the, prior convictions us it might lead to the view that because a person had been previously convicted of an offence he was likely to have committed the same oll'once again. H was also pointed out that tho fact of prior convictions was generally withhold from juries. Jest it should prejudice a fair trial.

The jury' was directed not to consider from the fact ,of the prior conviction of the accused that he was guilty of the charges (hen under consideration, but that it must decide upon the evidence tendered for the Crown whether the present charges had been proved. The jury returned, a verdict ot guilt v. A 'case was then stated Tor tho opinion of the Court of Appeal, the questions being whether it was proper to direct the jury as set out above, and whether the convict ion ought to lie reversed or affirmed, or whether there should be n new trial. Tho Appeal Court to-day reserved its decision.