CAR CONVERSION

Hokitika Guardian, 28 October 1932, Page 5

CAR CONVERSION

LAW ANOMALY REVISION URGENTLY NEEDED. (Per Press Association — Copyright.) AUCKLAND, Oct. 27. An anomaly,of the law which urgently needs revision was referred to by Mr Justice Herdman in the Supreme Court, when three young meii were jointly charged with stealing a motorcar. Mr Meredith, on behalf of the Crown said here was a difficulty in the case, namely, whether, on the facts which would he adduced in evidence, a jury could reasonably decide that there was an intent to steal. If there was no such intention, the case could only be dealt with under the Police Offences Act.

Mr Hogben, for one of tlie accused, submitted that there was no evidence for the case to go before a jury. Undoubtedly, these men had committed an offence but in order to substantiate a charge of theft, there must be definite evidence of an intention to steal the car. The present case, said counsel, was nothing more than one of the conversion of the car,

Addressing the jury, His Honour said:—“Under the Crimes Act, it is required to prove, not only that an article has been taken illegally, but also that it has been taken with intent to convert it to the use of the person who has taken it. The person taking it must, in law—as the law at present stands—have intended to deprive the owner of its value.” “It would seem,” continued His Honour ‘“that, as our law stands in New Zealand at the present time, if a man opens a. garage and drives about in a car which he intends to return, he has not committed theft, technically speaking. Therefore, the evidence to be given by the Crown in this case falls short. It is, to my mind, a question of whether some amendment of the Crimes Act should not be made in order to make this a crime, and, as such, punishable by indictment.” “It would appear that, at present, the position is that proceedings suitable to this case can only be taken, in the Magistrate’s Court. This is not a satisfactory position, far from it. However, it is my duty to direct you, in the ease before you, to return a verdict of not guilty. It is "an unsatisfactory position, but there is no alternative.” Without leaving tjieir seats, the jury immediately returned a verdict as directed by the Judge, and the accused were discharged. The charge against them was that, on August 7th last, they broke into a motor-garage in Reuxuera and stole a motor-car valued at £3OO. •