DEFECT IN LAW

Wanganui Chronicle, Volume 80, Issue 254, 26 October 1937, Page 11

DEFECT IN LAW

A WORD OMITTED MEANING OF “WAREHOUSE” An omission from the wording of the Crimes Act, which contains no reference to such buildings as the 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 Auckland Supreme Court on Tuesday. 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. Owing to the defect mentioned in the Act the charge was laid against the man of having broken into “a warehouse.” His Honor said the grand jury ought to find a no bill on the first and fourth counts because the essence of those counts was that the 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 the pavilion on the 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. On the other charges of stealing against this man, His Honor said there was ample evidence to warrant the jury in returning a true bill. Following His Honour’s direction the grand jury rejected the two counts of breaking and entering.