SENTENCE REDUCED

Evening Post, Volume CXL, Issue 56, 4 September 1945, Page 4

SENTENCE REDUCED

BRAVE ACTION RECALLED

P.A. AUCKLAND, September 3. Service rendered to the police 11 years ago was recognised by Mr. Justice Cornish in the Supreme Court, when a case in which James Rudolph Jurievich, labourer, 33, appealed against his conviction and sentence of six weeks' hard labour on a charge of keeping a common gaming house, imposed by Mr. J. H. Luxford. S.M.. was concluded. Evidence had been led by Mr. Meredith for the Crown in connection with a house in Swanson Street which had been raided on June 28, stating that though the appellant was not present at the time of the raid his voice had been heard settling disputes on two nights before the raid, that certain furnishings had been provided by him, and that he had paid £20 rent on behalf of a man named Wright,,who occupied the place. The appellant said he had merely lent £20 to Wright, who said he wanted to start a social club, and had bought some chairs at Wright's request. Cross-examined, he said he had played two-up, but had never been associated with the management in any way. His Honour recalled that in 1934, when a burglar flourished a revolver at a detective who was pursuing him on the roof of Queen Street premises, Jurievich intervened to save the detective's life and received commendation from the detectives.

"In my opinion the appeal must be dismissed. I am satisfied the Magistrate was right and that Jurievich was connected with the occupier," said his Honour. "He is a strong and resolute man who would intervene to settle a dispute in a loud and decisive manner, as heard by the detectives. As to penalty, the Magistrate had not been informed of Jurievich's signal service in the past, when he had shown himself a brave man with a sense of public spirit. I am disposed to take that into account, though it does not follow that one who performs public service can escape imprisonment for a later offence. This man is a first offender, but was engaged in a form of activity which is harmful to the community." After commending the vigilance of the police in suppressing this form of vice, his Honour said that were it not for the signal service performed by Jurceyich at the risk of his life, he would not have disturbed the sentence of imprisonmnet. He'would, however, be given the substantial fine of £100, m default six weeks' imprisonment, the amount to be paid within seven days.