FOUR APPEALS FAIL

Press, Volume C, Issue 29540, 15 June 1961, Page 12

FOUR APPEALS FAIL

An appeal by William Kenneth Sullivan, aged 47, a workman, against a sentence of three months' gaol imposed in the Magistrate’s Court at Christchurch on a charge of being found drunk in a public place on May 13, was dismissed by Mr Justice Macarthur in the Supreme Court yesterday. Sullivan was not represented by counsel Mr N. W Williamson made no submissions for the Crown. Sullivan said he had had only a few beers. He was trying to do his best, but the police knew him and that made it difficult. To his Honour, Sullivan said he had been convicted for drunkenness four times in the six months before May 13. He had been sent to Roto Roa Island by the Court on a previous occasion His Honour said that Sullivan was in real danger of being sentenced to preventive detention if he offended again. Borstal Training An appeal by Douglas Raymond Paul Henry, aged 17, against a sentence of Borstal training imposed in the Magistrate's Court at Kaitaia on August 14. 1960. on 15 charges. including breaking and entering warehouses. counting houses and a school and the conversion of three cars, was dismissed by his Honour. Henry made no appearance. and was not represented by counsel. Mr Williamson, for the Crown, submitted that the Magistrate's sentence was not unjust. The number of offences was large and extended over seven months. The probation officer's report had not recommended probation. His Honour said that the appeal was out of time, but he would deal with it on its merits. Henry's previous record was not a bad one. but he had taken part in all the offences, which were serious. “I cannot hold the sentence manifestly excessive. and can find nothing in the appellant's written submissions which leads me to think the Magistrate erred in any way.’* said his Honour Disqualified Driver His Honour dismissed an appeal by Roderick John MacLeod, aged 18. against a sentence of Borstal training imposed in the Magistrate’s Court at Dunedin on April 21 on charges of driving while disqualified and breach of his probation order. MacLeod did not appear and was not represented by counsel.

For the Crown. Mr Williamson submitted that the sentence was not excessive MacLeod had been convicted of 14 offences in the previous 20 months, five of the offences involving cars The probation officer's report said that the appellant had convictions for dishonesty and unlawful carnal knowledge He had been before the Court three times for driving while disqualified, his Honour said. The Magistrate had clearly decided that the probation officer's observation that MacLeod was in need of Borstal training was sound, his Honour concluded. He could find no grounds at all for the appeal Indecent Assaults Saying that the appellant's conduct must have at least played a part in the corruption of a number of youths, his Honour dismissed an appeal by Cyril Richard Jacob Lloyd, aged 30. a machinist, against a three years' prison term imposed on a charge of indecent assault on a male Lloyd had pleaded guilty in the Invercargill Magistrate's Court earlier this year to eight charges of indecent assault or} youths aged between 14 and 18 years. He had been gaoled for three years on one charge and convicted and discharged on the other seven Lloyd, who was granted legal aid. was represented by Mr L G Holder. Mr Holder submitted that the gaol term was comparatively heavy. In itself it would do little to cure the appellant. A shorter gaol term, and treatment for his condition, would achieve better results in that it would be a deterrent to others and a sharp reminder to the appellant. and would help in curing a nerson who had deviated fr< n society Mr Williamson, for the Crown, submitted that the gaol term was not manifestly excessive. The eight offences were committed on eight youths between the r- - of 14 and 18. and could have a very bad effect on society. The Magistrate could not properly have chosen a punishment other than prison for the offences, and he could not find that the prison term was excessive or Inappropriate. his Honour said.