APPEAL AGAINST SENTENCE

Press, Volume XC, Issue 27402, 15 July 1954, Page 9

APPEAL AGAINST SENTENCE

COURT REDUCES TERM (New Zealand Press Association) WELLINGTON, July 14. The Court of Appeal, in a judgment delivered by Mr Justice North today, allowed the appeal of Joseph Dunn against sentence of 12 months’ imprisonment with hard labour imposed on him in the Supreme Court at Auckland on May 27. Dunn had been tried on two charges —first, of being in charge of a motor vehicle while under the influence of drink or drugs and by an act or omission in relation thereto causing the death of Sheila Thorburn, and. second, of negligent driving causing the death of Sheila Thorburn. The jury failed to agree on the first count, and the Crown entered a stay of proceedings. Dunn was found guilty by the jury on the second count of negligent driving causing death. The Court of Appeal held that the sentence of 12 months’ imprisonment on the charge was excessive unless it were permissible to take into account evidence of drinking by the accused. The Court said that it was not prepared to say that in a case of dangerous driving it is irrelevant for the trial Judge to have regard to the condition of the driver, but felt that in this case, where the driver had been charged with intoxication and the jury had failed to agree, it was not right that his sentence should be lengthened because of any suggestion of intoxication. The Court quashed the sentence, and substituted a sentence of six months’ imprisonment with hard labour. The cancellation of Dunn’s driving licence for two-years was confirmed. The Court comprised Mr Justice Gresson, Mr Justice North, and Mr Justice Turner. Mr R. Hardie Boys appeared for Dunn, and Mr W. R. Birks appeared for the Crown.

NEW TRIAL ORDERED THEFT CHARGE* HEARD AT CHRISTCHURCH (New Zealand Press Association) WELLINGTON, July 14. The Court of Appeal, in a judgment given by Mr Justice Finlay today, allowed the appeal of William Albert Davis against his conviction on a charge of theft in the Supreme Court at Christchurch on May 12. An order was made for a new trial.

CONVICTION UPHELD SENDING OF EXPLOSIVES BY POST (New Zealand Press Association) WELLINGTON, July 14. The Court of Appeal, in a judgment given by Mr Justice Finlay today, dismissed the appeal of Richard Stanley Wratten against his conviction, in the Supreme Court at Timaru on a charge of causing explosive materials to be sent by post. The Court held that the evidence, when considered cumulatively, supported the conviction of the accused, and the verdict accordingly could not be said to be unreasonable. The Court found no fault with the direction of the trial Judge to the jury, and held that, although the evidence which was admitted as to the highly-explosive nature of the package was not strictly relevant, most of the jury would know of the explosive nature of gelignite and it could not be said that any miscarriage of justice had occurred. The Court comprised Mr Justice Finlay, Mr Justice Gresson, and Mr Justice North. Mr W. H. Cunningham, of Wellington, appeared for the Crown, and Mr B. McClelland, of Christchurch, appeared for Wratten.

COURT QUASHES CONVICTION » (New Zealand Press Association) WELLINGTON, July 14. The Court of Appeal, in a judgment given by Mr Justice Finlay today, allowed the appeal of John Farrell against his conviction in the Supreme Court at Auckland on February 4 on a charge of breaking and entering the counting-house of Collyer Watson and Company, Ltd. The Court found that the evidence did not reach the required standard of proof, and on the assumption that all the available evidence was before the Court there would ee too purpose in ordering a new trial. The conviction v.as accordingly quashed.