APPEAL NOT UPHELD

Press, Volume CIII, Issue 30613, 2 December 1964, Page 18

APPEAL NOT UPHELD

“No Special Indulgence” (N.Z. Press Association) WELLINGTON, Dec. 1. The Court of Appeal today in a reserved judgment dismissed an appeal heard on November 4 against conviction brought by Cecil Duke Te Whiu. The appeal was from a conviction at Auckland on March 25, 1964, on four charges of breaking and entering with intent to commit a crime, and one charge of being in possession of instruments capable of being used for burglary. The Court held that appellant had failed to succeed on any of the grounds advanced in his appeal. In its judgment the Court said it had been asked by appellant, through his counsel, Mr J. A. Doogue, that in view of the fact that the sentence was imposed in March last, an order should be made that the intervening period should count as part of the sentence, notwithstanding the fact that the accused had elected during that period to be treated as a special prisoner awaiting the hearing of an appeal. “We see no reason why we should make this concession,” said today’s judgment. “The delay in the hearing of this appeal is entirely due to the appellant’s own delay in supplying particulars of his grounds of appeal. The Court was willing and able to hear the appeal shortly after the sentence was imposed and we see no reason why appellant, who has a long criminal history and who has himself caused the delay, should be granted a special indulgence. This application, too, is refused.” The Court consisted of Mr Justice North, Mr Justice Turner and Mr Justice McCarthy. Mr G. S. Orr appeared for the Crown.