BORSTAL SENTENCE SET ASIDE
(P.A.) WELLINGTON, Sept. 26. The Court of Appeal to-day heard an appeal brought by the Crown against the decision of Mr Justice Fleming, at the last Supreme Court sittings, when he sentenced Robert Victor Parnell and John Stanley Parnell to one year’s Borstal detention for breaking, entering, and theft.
The Solicitor-General (Mr H. E. Evans, K.C.), appearing for the Crown, said that the appeal was necessary because the Supreme Court did not have power to send a person to Borstal for one year. The minimum period of Borstal detention was two years.
Counsel for the prisoners contended that the prisoners should be placed on probation.
The Chief Justice (Sir Humphrey O’Leary), giving the judgment of the Court, said that because of the previous bad records of the prisoners, probation was Impossible, and it was essential that the Court should take a firm stand against the present outbreak of house-breaking The Court declared of one year’s detention in a Borstal institution tp be a nullity, and sentenced the prisoners to nine months’ reformative detention, with a recommendation to the Minister of Justice that the sentence be served in • Borstal institution.
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Press, Volume LXXXIII, Issue 25300, 27 September 1947, Page 2
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193BORSTAL SENTENCE SET ASIDE Press, Volume LXXXIII, Issue 25300, 27 September 1947, Page 2
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