Court of Appeal Wellington
17, 18, 20 March; 3 April 1941
Myers CJ, Smith J, Johnston J, Fair J
17, 18, 20 March; 3 April 1941
Myers CJ, Smith J, Johnston J, Fair J
Criminal Law — Practice — Trial — Attempt — Public Safety Emergency Regulations, 1940 — Information charging Publication of Subversive Statement — Attorney-General's consent to Prosecution endorsed on Information before same sworn — Whether properly given — Accused electing Trial by Jury — Indictment for Publication of Subversive Statement and for Attempt to Publish same — Acquittal on Count of Publishing — Conviction on Count of Attempt to Publish — Whether Accused could be convicted of Attempt, although Attorney-General's Consent not specially given to Prosecution for Attempt — Crimes Act, 1908, ss 93, 350, 351, 357, 387, 389, 394, 395, 396, 407, 445 — Justices of the Peace Act, 1927, s 124 — Emergency Regulations Act, 1939, ss 3 (1) (4) (6) — Public Safety Emergency Regulations, 1940 (Serial No 1940/26), Reg 2.
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