ROGUE AND VAGABOND

Press, Volume XCIX, Issue 29238, 23 June 1960, Page 10

ROGUE AND VAGABOND

Appeal Fails

An appeal by John Henry Abbott, aged 30, against a sentence of 12 months’ imprisonment imposed on him on two charges of being a rogue and vagabond was dismissed by Mr Justice Richmond in the Supreme Court yesterday. Mr C. J. O’H. Tobin appeared for Abbott and Mr C. M, Roper for the Crown.

Abbott was sentenced to six months’ gaol, the sentences to be cumulative, for imposing on a private individual and on the Southland Hospital Board by making false representations for the purpose of obtaining drugs. Mr Tobin said he had been assigned to appear for the appellant, who had lodged the appeal against sentence. The appeal was out of time, so the application should be for leave to appeal.

His Honour, after Mr Roper said he would raise no objection, said he would regard the hearing as an appeal. The appellant had been admitted to a mental hospital from prison, said Mr Tobin, and his first ground of appeal was that sentence should be quashed as he was under the mental health authorities indefinitely. The appellant did seem to be aware that while he was in custody under the Mental Health Act his Court sentence was being served, counsel observed.

Appellant’s second ground of appeal was that the sentence was excessive.

It was clear from the report of Dr. Savage, of Sunnyside Hospital, that the appellant was a drug addict, counsel continued, and his submission was that the appellant, while under the craving for drugs; could not discern between what was right and wrong legally and morally.

Counsel said the sentence was a severe one for two relatively minor offences which showed the appellant to be a nuisance rather than a danger to society. Mr Roper submitted that the appellant's list of convictions was such that society needed some protection from him and that his personal well-being became a secondary consideration.

His Honour said the Court was grateful to Mr Tobin for the care and thought he had put into the matter. The Court, however, must agree with submissions made for the Crown. “There is no other course left but that adooted by the learned Magistrate. The appeal is therefore dismissed,” his Honour concluded.