APPEAL LOST

Evening Post, Volume CXIV, Issue 15, 18 July 1932, Page 8

APPEAL LOST

SENTENCE TO STAND

SEQUEL TO DISTURBANCES

The conviction entered against Mervyn George v Berry by Mr. E. Page, S.M., in the Magistrate's Court some weeks ago—tho case being one of a number brought after tho disturbances iv the city—was affirmed'by Mr. Justice Blair in a reserved judgment delivered to-day on the appeal made by Berry. After hearing counsel and . reviewing the circumstances, his Honour said that, notwithstanding Berry's previous good character, he was uuablc to see his way to interfere with the sentence of twelve months ' imprisonment imposed by tho Magistrate.

Berry was charged in tho Magistrate 's Court with having been found armed with an offensive weapon with felonious intent. Ho had picked up a stone and tied it in his handkerchief, making a sort of sling.

His Honour said he had no doubt in his mind .that the appellant's object in tying a stone, in his handkerchief was so that he would have a convenient weapon with which to attack anyone who attacked him. It was obvious also that it was not any fear of an attack by any Communist or any unemployed demonstrator which constrained him so to arm himself. He deliberately'went down amongst the crowd which was still assembled in Vivian street' as tho result of the disturbance in the afternoon in Cuba streot, where the crowd had had to bo dispersed by means of a baton charge. The only persons from whom tho accused feared attack were either tho ordinary police or the special constables,: and it'was clear :to his Honour's mind that it was to resist any such attack that Berry prepared the weapon he had in. his possession. " , His Honour said he thought the words "felonious intent" mentioned }n the charge must be construed, in view of the change of legislation, as meaning "with intent to commit aii indictable offence," and he'thought that that intention on the part of the appellant had been established.' In his Honour's view, tho weapon found on Berry was an "offensivo weapon"- within, tho meaning of the Polico Offences Act. It was true that under section 81 proof of Ijad character could be given to support an allegation of intent, but intent could be, and in this case his Honour said ho .found it had been, proved without evidence of bad character.

Although the effect of tho sentence on Berry might be very hard, as his counsel had suggested, he regretted that he could not interfere with tho sentence. He had been very muoh tempted to dfi so,butwcro he to take such a course^hb, would be failing in his duty, and it ' would uutlermino the administration of justice.