R v Ellerm - [1997] 1 NZLR 200

Criminal law — Offences — Theft — Logs taken from bottom of lake — Whether logs abandoned by previous mill owner — Whether Crown able to prove ownership of logs — Whether Crown had "special property or interest" in logs — Crimes Act 1961, ss 220 and 329 — Sale of Goods Act 1908, s 2.

Criminal law — Evidence — Theft — Logs taken from bottom of lake — Demarcation between lake bed, lake shore and adjoining areas — Whether there had been an abandonment of logs and, if so, what was their subsequent status — Whether possession of chattels on land owned by possessor gave rise to presumption of ownership of chattels.