Same Sentence, Delayed Parole At Second Trial

Press, Volume CII, Issue 30146, 1 June 1963, Page 15

Same Sentence, Delayed Parole At Second Trial

(New Zealand Press Association)

WELLINGTON, May 30. A sentence of preventive detention (maximum 14 years) was imposed for the second time on Thomas James Morgan, aged 43, a workman, when he appeared for sentence before Mr Justice Leicester in the Wellington Supreme Court, today.

Morgan was convicted on two charges of theft in March. 1960, of furniture to the value of £416 from a house in Khandallah. and truck conversion

He was convicted of the offences in August, 1960. and sentenced to preventive detention.

Early this year the Court of Appeal quashed the conviction and ordered a new trial on the grounds that fresh evidence was) available The retrial took place this

month and Morgan was again convicted

On behalf of Morgan, Mr Hardie Boys said he had already served three years of bis original sentence, and to impose preventive detention again would have the effect of virtually doubling the minimum term he was required to serve as it would be another three years before the Parole Board would be able to consider the matter His Honour said the case was somewhat unfortunate and unusual with a curious history The new evidence was that of a man then serving a prison term tor his implication in the same offences and, his Honour said, it was clear from the jury's verdict that it was not prepared to accept his evidence.

His Honour said there were nc facts before him to justify his taking a different view

from that of the Court of Appeal. Unfortunately for the prisoner he would be unable to come before the Parole Board till three years from the present time but no doubt the board would take into consideration that he would have served six years. Mr J. D Murray appeared for the Crown.