Kelly v Police - [1951] NZLR 216

Justices of the Peace — Practice — Plea of Guilty — Constituents of Such Plea — Entry in Criminal Record Book not equivalent to Conviction — Justices of the Peace Act, 1927, ss 72, 74 (3), 90 — Magistrates' Courts Act, 1947, s 28.

Justices of the Peace — Sentence — Accused charged with Common Assault and pleading Guilty — Magistrate finding Evidence pointing to Indecent Assault and stating He would deal with Matter on That Basis — Information charging Accused with Indecent Assault then laid and Accused arrested — Accused's Right to be dealt with as convicted of Common Assault — Magistrate sentencing Him to Month's Imprisonment — Appeal against Sentence — Proper Course in Circumstances to proceed on Assumption that Act of Assault not in itself Indecent — Justices of the Peace Act, 1927, ss 72 (2), 202, 205.