DEFECT FOUND IN ACT

Southland Times, Issue 23335, 20 October 1937, Page 5

DEFECT FOUND IN ACT

Charge Of Breaking Into “Warehouse” NO BILL FOUND ON TWO COUNTS (United Press Association) AUCKLAND, October 19. An omission from the wording of the Crimes Act, which contains no reference to such buildings as pavilions of sports bodies was commented on by Mr Justice Fair during his address to the Grand Jury at the opening of the criminal sessions in the Supreme Court. Charges were laid against a Maori of having broken into the pavilion of the Pukekohe racecourse and stolen property from the Golf Club’s room there. Because of the defect mentioned in the Act the charge was laid against the man of having broken into a “warehouse.” His Honour said the Grand Jury ought to find a no bill on the first and fourth counts because the essence of those counts was that accused had broken into a “warehouse.” A warehouse was a storehouse in which mercantile goods were stored. Although that meaning had to be extended at times by no reasonable extension could a pavilion on a racing club’s property used by a golf club be called a warehouse. It appeared that by a defect in the Crimes Act a building of this kind was not covered by the word “warehouse.” That was the only word that looked like describing this type of building. Following his Honour’s direction the Grand Jury rejected the two counts of breaking and entering.