Appeals lost

Press, Volume CXI, Issue 32783, 7 December 1971, Page 20

Appeals lost

(N.Z Press Association) WELLINGTON, Dec. 6. The Court of Appeal this morning dismissed an appeal against sentence imposed on James Gregory Lagan in the Supreme Court at Christchurch by Mr Justice Wilson on July 12, 1971. Lagan had been sentenced to two years imprisonment on a charge of driving while disqualified. ' Mr L. G. Holder for Lagan, said that the sentence was too great because a person who had been sentenced to the same term, on the same day, had had his sentence reduced. To this submission the Court pointed out that Lagan had committed his offence under amended legislation which had increased the maximum punishment from six months imprisonment to five years. imprisonment. Mr Holder said that the term was not consistent and even if it was under amended legislation the increase should be gradual. Mr Justice North, delivering an oral judgment, held that in the new legislation, which had come into force at the beginning of 1971, the Legislature had expressed its disapproval of driving while disqualified and also at the

sanction that was available. The Court also dismissed an appeal against sentence by Stewart Cameron Turvey, imposed by the Chief Justice (Sir Richard Wild), in the Supreme Court at. Christchurch, on August 6, 1971. Turvey had been sentenced to two years imprisonment on a charge of receiving. Mr P. J. Renshaw, for the appellant, said that taking into account the previous record of dishonesty of Turvey there was no doubt that the Chief Justice had to impose imprisonment. He submitted, however, that the two year sentence imposed was too great.