Police v Digby (No 2) - [1971] NZLR 1134

Transport and Transport Licensing — Offences — Practice — Charge under s 56 dismissed by Magistrate — Appeal to Supreme Court against acquittal upheld — Leave to appeal to Court of Appeal refused — Accused having made no answer to prima facie case for conviction — Transport Act 1962, s 56.

Criminal law — Appeal in summary jurisdiction — Leave to appeal to Court of Appeal from decision of Supreme Court reversing acquittal by Magistrate — Onus of proof on prosecution to show necessity of conviction by Magistrate — No rebuttal by accused of prima facie case for conviction — Leave to appeal to Court of Appeal refused.