Hide Article Text (OCR)
JUDGE AMENDS CHARGE Remarking that section 62 of the Police Offences Act was never in tended to be used against persons of good character. Mr. Justice Fair, with the consent of counsel, amended a charge of being a rogue and vaga bond to one of attempted theft of two gallons of benzine, when an ap peal was heard before him in the Supreme Court, this morning. The appellant was Russell Dromgool Holloway (Mr. Terry). Mr. WV. R. Meredith appeared for the police. The facts d disputed were that the appellant, one night in December last, attempted to abstract benzine from a motor car which was then in a garage at the Belmont Dairy, Devonport. To the police, when in terviewed, he admitted his intention. He was subsequently charged with being a rogue and vagabond and sen tenced to six weeks’ imprisonment. It was against the conviction that he appealed. Mr. Terry, for appellant, said Hol loway was 21 years of age, and for two years from January, 1941, had been a member of the armed forces coastal defence. At the time of the offence he was on leave, and when he appeared before the Court he was not represented by counsel and pleaded guilty. He desired to avoid the conviction of being a rogue and vagabond, and counsel suggested the charge be altered to attempted theft of two gallons of benzine. He submitted it was never intended that a young man of good character win the army should be convicted under section 62 of the Act. In answer to his Honor, Mr. Mere dith, for the Crown, said the only reason he could see from the files for not altering the charge was that it was considered doubtful whether the evidence was sufficient to convict on a charge of attempted theft. Magis trates stated that the theft of th engine had become so rampant that a very serious view of such thefts had to be taken, and had issued a warning that it would have to stop. His Honor said that having regard for the appellant’s good character, and the fact that he had served four days in prison, also that counsel agreed to the charge being amended, he would amend it to one of at tempted theft, accept the plea of guilty, and impose a fine of £ 10.
Newspaper Details
Auckland Star
Auckland, Auckland, NZ
Fri, Jul 09, 1943
Page 4
Full Page
Clipped by
Anonymous
NZ 20 Oct 2025
Other Publications Near Auckland, Auckland
Auckland Daily Southern Cross
Anglo-Maori Warder
Auckland Albertland Gazette
Auckland Star
