IMPORTANT COURT CASE

Chronicle (Levin), 6 September 1946, Page 8

IMPORTANT COURT CASE

-Press Association

DOURLE BANKING OF CHARGES CHALLENGED

BH Teleqravn-

NEW PLYMOl'TIl, (Sept. •). "TTiis case could be importanl to Crown procedure tliroughont New Zealatid although l caiuiot conceive that the law permits defendant fo •noose on wliieh chat'ge he sliall iie eotivicted/ ' said Mr. F. H. (Irayling, for the -Crown, in a taxation case in the Stratford Court todav. The remaru was pronipteil by a subniission by connsel for defence, Mr. J. II. Sheat, who Vontertded there could not Pc a muiibci of convictions on the sanie sel oi faets. The case was one in whieh Mijo Radich, restaurant proprietor, Stratford, was proseeuted on three charges oi negligently furnishing false income returns and on three. charges of wilf'ully furnishing false income returns. For Radich, Mr. Sheat pleaded guiltv to three charges of negligently making false returns. II c said Kadicli, having pleaded guiltv to those three, must be convicted. In respcct of the three of wilf'ully making false returns, Mr. Sheat submitted Radich could not be convicted and he refuscd to plead on those charges. For many years, said Mr. (trayling, the Crown in Now Zcaland liad lodgcd altcrnative informations becanse tim evidence niight disclose an ollcncc wliieh was more or lcss scrious. I'v

pleading to less serious charges, Radich could nbt deprive the Crown of its right to proceed on other charges. Mr. W. H. Woodward, S..M.: llc can't be both negligent and wilful. ALr. Grayling replied that Radich said he was negligent but that did not debar the Court from deeiding whether ho was negligent or wilful. He suggested the Court reserve decision on the point and go on to hear the evidence. Mr. Sheat: I will not consent to that. The Crown lias made this position for itselfi lt is a monstrous position for Bhd'iehL • ";"'T ri; . ?lf ecf; Crovyn savs. ' ' -5yoi| i ogi iqiegii£eihofe' and jwc are'.goi-ng 'tok'go' on. apd see if We -ean. show the Court that vou are also wil ful." Mr. Woodward: I think we should give the Crown the chance" to dilTerentiate. ]\fr. Grayling said it was important to Crown procedure throughout New Zealand. He could not conceive that the law permittcd defendant to choose on what he should be convicted. Mr. Woodward: I am not prepared to hold that Mr. "Sheat is wrong. Mr Sheat won't go anv further now and I don 't think I can compel him to. I will reserve the point at this stage and adjourn the case sine die. I will also have to consider if, Radich having pleaded guilty to the negligence charge, [ must record a couviction.