DEFECT IN LAW
Sentence Invalid (N.Z. Press Association) WELLINGTON, Nov. 1. Because of a defect of expression in an amendment to the Criminal Justice Act concerning the sentence of preventive detention (maximum 14 years), a prisoner’s previous convictions for sexual offences could not properly be taken into account in imposing that sentence, Mr Justice Haslan said in the Supreme Court today. His Honour granted an application by the Crown for Alexander Ernest Kerr, aged 30, to be re-sentenced. Kerr was sentenced to preventive detention last year for indecent assault on a 12-year-old girl. For Kerr. Mr M. A. Bungay said the prisoner had already had 15 months in custody but there was no provision in the law for back-dating the sentence. It was possible with the preventive detention sentence for the prisoner to be released at the end of three years. Counsel submitted that his sentence should not be increased in any way. His Honour said the prisoner would have to be sentenced afresh. For a similar offence committed in 1961 he had been sentenced to three years’ imprisonment and the present offence had been committed while he was released on probationary licence. His Honour imposed a sentence of three years’ imprisonment, to begin from today.
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Bibliographic details
Press, Volume CIV, Issue 30897, 2 November 1965, Page 31
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206DEFECT IN LAW Press, Volume CIV, Issue 30897, 2 November 1965, Page 31
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