APPEAL DISMISSED.

Ashburton Guardian, Volume 61, Issue 147, 3 April 1941, Page 6

APPEAL DISMISSED.

OSTLER AND CHRISTIE CASE.

THE SENTENCES TO STAND. (P.A.) WELLINGTON, This Day. The Appeal Court this morning delivered its judgment in the appeal of Harold Alexander Ostler and Travers Burnell Christopher Christie, who were each sentenced to 12 months’ imprisonment on February IS for attempting to publish a subversive statement. The Court unanimously affirmed their convictions and dismissed their appeals against their sentences. In view of the dismissal of the appeals, the sentence of imprisonment With hard labour for twelve months in each case stands.

‘•'As. to appeals against the. sentence,” said tho Chief Justice (Sir Michael Myers), “having regard to tho serious nature of subversive- statements contained in the publication — ‘The People’s Voice’ —I do not think that any case has been made out for revision.”

, Sir Michael Myers, in an extensive judgment, said that the prisoners’ objections to the count on, which they had: been convicted, arising out of failure to obtain the Attorney-General’s consent to that count, failed, insofar as that count was concerned, by reason of section 394 of the Crimes Act, which provides that where complete commission of. any crime charged is not proved hut the evidence established an attempt to commit the crime, accused may be convicted of such attempt and punished accordingly, and the jury was entitled to convict the prisoners of “attempting to pitblish a subversive statement” on the count of “publishing a subversive statement,” to which the Attorney-General’s consent had in fact been obtained. Justices* Fair and Johnson agreed that the prisoners’ appeals against the validity of their convictions had failed. On the question of sentence, Mr Justice Fair said: “With regard to the appeal against their sentences, I agree that for persons who are doing their utmost to impede the national war effort by widespread propaganda of a virulent type, urging that we shoidd not fight for liberty but engage in internal dissension, the 'sentences were far from excessive.”