CONVICTION QUASHED.

Taihape Daily Times, Volume XI, Issue 3523, 9 July 1920, Page 4

CONVICTION QUASHED.

BEHAVIOUR IN A TRAIN. HAMILTON, July 8. At the »Supreme Court, Hamilton, yesterday’-, his Homour, Mr Justice Salmond quashed a conviction recorded by Mr E. VV. Burton, S.M., at". Te Kuiti where :1 minor named Patrick Craine was fined under the Railways Act, £lO and; ‘9/ (costs for violent b.ehavioul' in a railway carriage between Te Awamutu and Te Kuiti, 011 November 12th -last. r

The facts wel‘e_. that appellant and a Maori got into 9. heatedvargument through appellant ’s use of the expressfon “Kakina‘the Maori.” A third party named Develin Slater interfered, and a fight ensued. Mr E. H. NOl-then:-ft, for the appellant, said that this latter altercation w:ls’made the basis -of the conviction and Crainc had to protect himself, and counsel argued thai his self-defence was justified.

Mr Gillies said t'ha.t ‘the essence of the charge was that appe.llanf’s behaviour was an annoyance in 0:11:21‘ people. ' His Honour, in allowing the appeal, said that if a man was ‘assaulted in a railway carriage, he was entitled to defend himself. He ‘Hid not think that an amendment to convict app:-"Jlunt of behaving in an offensive mznmor was justified in‘ this case. -