KEY POINTS:
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
