CASE OF LOUIS SJOBERG.

Auckland Star, Volume XXIX, Issue 303, 23 December 1898, Page 5

CASE OF LOUIS SJOBERG.

NEW TRIAL REFUSED

AX IMPORTANT DECISION

This morning at the Police Court Mr T. Hutchison, S.M., gave his decision'upon the application for a rehearing of the case of Louis Sjoberg. The prisoner was on December .9 convicted of theft, under the provisions of the Indictable Offences Summary .Jurisdiction Act, and sentenced to one month's hard labour. Prisoner's counsel, Dr. Laishley and Mr Bannae, relied upon section 115 of the Justices of the Peace Act, ISB2. as giving the Court power to grant a rehearing of the charge.

His Worship, in giving judgment, said the application was a wholly unprecedented one. The section upon which it was based was a new provision in 1882. and did not occurr in the preceding Act of 1860. But from its collocation in the statute, as well as its own internal evidence, the inference was strong that it was intended to apply only to offences punishable on summary conviction alone. t Allowing, however, that no certain 'nferen'ce was to be drawn from, the place and context of section 115, then if the section did confer the right to grant a rehearing in the case of ft felony, it: did so without limitation as to time, grounds, or circumstances. Itseemed to His Worship that a proposition so startling a,s this had only to be stnterl to carry ts1 own condemnation. His, Worship proceeded to deal with the arguments advanced by counsel in supnnrt of their con ten tion. and concluded by sayinp' flint when examined the contention landed one into such extravagant propositions that, he could entertain no doubt that it must be overruled. Holding this opinion H was unnccessarv to notice the "-rounds of the application, but he mi aid add tl'.nt none of them lipneared a sufficient n-round in law for ordering a rehearing even if he had power to do so.

The application was therefore dismissed.