DEATH SENTENCE.

Auckland Star, Volume LXV, Issue 150, 27 June 1934, Page 10

DEATH SENTENCE.

NO ALTERNATIVE.

CROWN MAY SHOW MERCY.

Though a judge in most criminal trials has a wide discretion in the imposition of a sentence, none is allowed him when he deals with a prisoner found guilty of murder in the first degree. "Every person who commits murder," states the Crimes Act, "shall upon conviction thereof be sentenced to death." The judge lias no alternative. Appeal against the verdict being against the weight of evidence, or that certain evidence was admitted that should not have been admitted, or vice versa, can be made by either party to the trial, in the same way as in ordinary criminal trials. The Court may refer the point of law to the Court of Appeal, postponing sentence in the meantime, and if the Court refuses to reserve the point of law, the party may move the Court of Appeal for leave to appeal. It is laid down that the sentence of the Court shall not be suspended by the appeal unless it is death, flogging or whipping. . , , „ Dealing with punishment generally, the recital of the Crimes Act commences with the death sentence. After dealing with the pronouncement of such a sentence, and the burial of the body, the Act (section 12) reads: "(1) Where sentence of death is pronounced by any Court or judge, it shall be the duty of the sheriff of the district in which the execution is to take place to carry out such sentence, but ho shall not carry out the same until he has received an intimation of the Governor's pleasure in respect thereto. (2) Such sheriff shall within seven days after receiving a notice that the Governor will not interfere with such sentence, carry out the same." Petitions to Governor. The only appeal in the case of a death sentence, other than an appeal on law at the trial or that the verdict was against the weight of evidence, is one to the representative of the Crown for mercy. In several cases in New Zealand petitions have been presented to the Governor-General, who considers them with the advice of Cabinet. A further clause in the Act reads: "Where on application for the mercy of the Crown on behalf of any person convicted of crime, the Governor-in-Council entertains a doubt whether such person ought to have been convicted he may, instead of remitting or commuting the sentence, after such inquiry as he thinks proper, by an order in writing, direct a new trial at such time and before such Court as he thinks proper."