PRISONER'S APPEAL

Press, Volume LXXIX, Issue 24116, 27 November 1943, Page 6

PRISONER'S APPEAL

LIFE SENTENCE FOR MANSLAUGHTER ALL JUDGES TO HEAR ARGUMENT (P.A.) WELLINGTON, Nov, 26. There was an interesting development to-day in the case of Leonard Netting, found not guilty on May 5. 1941, after a four-day trial of the murder of Mrs Horton at Oriental Bay, Wellington, but guilty of manslaughter and sentenced forthwith by the Chief Justice (the Rt. Hon. Sir Michael Myers) to life imprisonment. The prisoner, without reterence to counsel, filed notice of leave to appeal against the sentence, but this was dismissed by the Court of Appeal in June, 1941. Last June counsel sought to have the case reopened and to appeal on the ground that prisoner had not been heard personally or by counsel in June, 1941, and that the appeal had not been determined on these points. In September the Chief Justice sat with four other judges on the preliminary question as to whether the prisoner had a right to fresh leave to appeal.- He then retired and counsel (Mr H. H. Cornish, K.C., for the Crown, and Mr W. E. Leicester, for the prisoner) argued the merits of the appeal without prejudice to’ the preliminary question. Contention for Prisoner It was contended that the cause of Mrs Horton’s death was a stroke that might have been brought on by falling on rocks or by some slight blow during a drunken quarrel, and that the Chief Justice should not have imposed imprisonment equivalent to the maximum now receivable for murder. At a sitting of the Second Division of the Court of Appeal to-day, the Chief Justice said that, as a decision on the prisoner’s right of appeal might affect a practice of 20 years’ standing, it had been decided to request counsel to argue the matter again in March next before all the judges, constituting both divisions of the Court of Appeal Whether the case had also to be reheard on its merits would be decided then.