MANSLAUGHTER CONVICTION

Press, Volume C, Issue 29444, 21 February 1961, Page 15

MANSLAUGHTER CONVICTION

Leave To Appeal Refused

(N.Z. Prass Association) WELLINGTON, Feb. 20. The Court of Appeal today refused an application for leave to appeal against sentence made by Balbir Singh, aged 18. of Wanganui, a labourer, who was tried in the Supreme Court at Wanganui to November, before the Chief Justice (Sir Harold Barrowclough) and a jury. In the Supreme Court the appellant was charged with the miirder of another Indian who was a member of another scrub-cutting gang, it was alleged that the appellant had frequently been threatened by another member of the . dead man’s gang and had on the day of the tragedy been followed by two Indians, carrying sticks. The appellant was riding a lame horse, said to be slower than a running man, and had dismounted, unstripped his rifle, and shot the other Indian. The appellant was acquitted of murder, convicted of manslaughter, and was sentenced to five years’ imprisonment ' He appealed against this sentence on the ground that it was excessive. In delivering the oral judgment of the Court of Appeal, Mr Justice K. M. Gresson said that the evidence showed that the appellant even if frightened. made use of his rifle, repeatedly, ndt then being in imminent peril of death or serious bodily harm - indeed, at a time when there was no nteeeeity to do so. other courses being 1 open. “In our opinion the sentence was warranted. .We aceordingly refuse leave to appeal against sentence.”