Refugee's court appeal pays off

A man's conviction for stealing avocados from an orchard in Tauranga has been quashed on appeal because the orchard was not deemed to be an "enclosed yard".

Sohail Reza Dar, a refugee from Iran, admitted a burglary charge during a District Court trial but later appealed when he became aware that he had a defence under the Crimes Act.

The Court of Appeal found that while Dar was probably guilty of the theft, he could not as a matter of law be guilty of burglary.

- Staff reporters, NZPA