Judge denies jail request

Press, 30 June 1982, Page 7

Judge denies jail request

PA Auckland An encyclopaedia salesman, who asked to be sent to jail rather than serve periodic detention at weekends. has has his request denied. The High Court judge who heard the case, said that a loophole in the law on the sentence of periodic detention should be drawn to the attention of the Secretary for Justice. The salesman. Andrew Bradley Johnston, said that the sentence — which required him to spend weekends at a periodic detention centre — would deprive him of the opportunity to work at his busiest time of the week. Mr Justice Vautier. in the High Court at Auckland, dismissed Johnston's appeal when it first came before him last December, and ordered him to serve the original sentence.

However, no new date was set for Johnston to report to begin serving the sentence. The Justice Department brought the matter back before Mr Justice Vautier. who ordered that Johnston begin

serving the sentence on July 9.

Johnston was originally sentenced in the District Court at Otahuhu last September. after his conviction for theft of a car and false pretence. His Honour drew attention to a problem in administering the section of the Criminal Justice Act dealing with periodic detention. He said that frequently in the District Court those sentenced to periodic detention left the court before the written notice of the sentence was served on them, because once the sentence has been announced, the court had no further power to detain them.

Before anyone could be convicted of breaching the order it had to be proved that they had received the notice.

His Honour said that the District Court had suggested there should be powers to detain a convicted person sentenced to periodic detention. until the formal order was ready.