CONVICTION QUASHED

Dominion, Volume 37, Issue 19, 18 October 1943, Page 6

CONVICTION QUASHED

Interpretation Of “Enclosed Area” The Court of Appeal last week quashed the conviction of a man who had been deemed to be a rogue and a vagabond in that he had been found by night without lawful excuse In an enclosed area, transport vehicles lines of the Auckland Keglment.

The Court, which consisted of the Chief Justice (Sir Michael Myers), Mr. Justice •Smith. Mr. Justice Johnston, and Mr. Justice Fair, held that the enclosed yard, garden, or area mentioned in the Police Offences Act. 1927, under which the charge was laid, had to be appurtenant to a building before a person found there'by night could 'be convicted. The Chief Justice, In his judgment, said the real question in the case was what was meant by “area.” anil the history of the statutory provision was Interesting anil illuminating, the language being based on section 4 of the English Vagrancy Act, 1324. He thought it could not be doubted that “enclosed yard, garden or area’’ as used in the English Act would be interpreted as being appurtenant to one of the buildings described in the section —dwolllnghouse. warehouse, coachhouse, stable, or outhouse —and he could see no reason for giving the words a different interpretation in the New Zealand statute. Fnless that was the correct view nnd the meaning was so limited, a slaughter yard, bull paddock, market garden, or n timber yard in no wav appurtenant to. and entirely unconnected with, n building would be within the words “enclosed ynrd. garden, or area.” He could see no hnlf-way house. •Mr. Justice Smith said thnt in the present case the only buildings to which the vehicle lines appeared to have been adjacent were an orderly room, a slid for motor-cycles, and a shed for military stores. ' The orderly room was used by the military picket guarding the lines. In his opinion it was clear that there was no evidence sufficient to show that the transport vehicle lines, whether connected with those buildings or not, wore appurtenant to them. On the contrary, the buildings appeared to have been placed there for the purpose ot serving the lines, and to be appurtenant to the lines. Mr. Justice Johnston and ■ Mr. Justive Fair concurred in quashing the conviction. , .. Mr. A. IT. Skelton. Auckland, appeared for the prisoner, and Mr. C. 11. Taylor for tiie Crown.