PRISON SENTENCES AMENDED ON APPEALS

Grey River Argus, 20 April 1948, Page 3

PRISON SENTENCES AMENDED ON APPEALS

WELLINGTON, April. 17. The Court of Appeal, consisting of Mr Justice Smith, Mr Justice Kennedy and Mr Justice Finlay, have -given judgment in a number of appeals brought by prisoners against their sentences. . James Noel Shore, who., was sentenced by M r Justice. Fair at Wellington on October 31, 1947, on charges of • breaking, entering and theft, to 12 months’ imprisonment with hard labour, to be followed by nine months’ reformative detention, had his sentence varied. Shore had contended that his sentence was excessive in comparison with the sentence imposed on his companion, who had also participated in. the crime, and had received a sentence of only three months’ imprisonment with’ hard labour. The Court said that its only function was to consider whether the sentence imposed on appellant was excessive. The Court thought that the sentence imposed on appellant’s companion in crime had been too light, but it was not in a position to ’ increase that sentence. Having regard te appellant’s previous convictions, the Court was justified in imposing a’ heavier sentence than that imposed on his companion. Shore’s sentence was varied on each count, the sentences to fie to 15 months’ reformative detention concurrent. Frank Herbert Smith, who was sentenced at Wellington on February 2, 1948, by the Chief Justice (Sir Humphrey O’Leary) to 12 nionths imprisonment with hard labour for receiving stolen property, had his sentence varied to 12 months’ reformative detention. , r Lawrence Geoffrey Laming, who was sentenced by Mr Justice, Fleming at Christchurch on December 12, 1947, on nine charges of false pretences to three months’ imprisonment on each charge, the - sentences to.be cumulative, had his . sentence varied to two and a-half years’ reformative detention on . the. charge in respect of obtaining a jiiotor-qar by false pretences and to one year’s reformative detention on the remaining charges. The sentences are to be concurrent. , - , . ; The Court dismissed the appeals of three other prisoners,., ’ ~ ’ ■