APPEALS AGAINST SENTENCES

Press, Volume XC, Issue 27434, 21 August 1954, Page 9

APPEALS AGAINST SENTENCES

ONE ALLOWED IN SUPREME COURT

An appeal by John Leonard Moody, aged 40, a labourer, against his sentence of 12 months’ imprisonment; imposed by Mr Rex C. Abernethy,.'S.M., in the Magistrate’s Court on July 27 on two charges of theft of rims, tyres and tubes, was upheld by Mr Justice Adams in the Supreme Court yesterday. The sentence was reduced to one of six months’ imprisonment. Mr H. W. Thompson, who appeared for Moody, said that the appellant was sentenced to six months’ imprisonment on each of two charges, the sentences being made cumulative. He was convicted on the same day as his co-offender, the latter being fined £6 on each of the two charges. The facts were the same, and the records of the two men were similar. The Crown Prosecutor (Mr A. W. Brown) said that Moody was the ringleader, and he alone profited from the thefts. The other offender, Robinson, gave the police a truthful account of what happened. Moody, on the other hand, denied the offences, and made a false statement to the police. His Honour said he felt considerable doubt about interfering with the sentence, but in view of the fuller information before him he considered a total sentence ot six months* imprisonment would be adequate. He would allow the appeal to the extent of making the sentences concurrent instead'of cumulative. Appeal Dismissed The appeal by John 'Scalmer, aged 37, a cook (Mr B. McClelland), against the sentence of 12 months’ imprisonment imposed on him by Mr Rex C. Abernathy, S.M., in the Magistrate’s Court on July 29 on charges of forgery, theft, and false pretences, was dismissed. ’• Mr McClelland subpytted that the sentence was excessive in view of the fact that it was Scalmer’s first prison term, and in the circumstances of the offences. > His Honour said that Scalmer hrid, apparently failed to take advantage of the leniency previously shown to him.