APPEAL COURT.

Hawera Star, Volume XLV, 30 April 1925, Page 9

APPEAL COURT.

SUCCESSFUL APPELLANTS. (3Y TELEGRAPH —PC ESS ASSOCIATION. WELLINGTON, April 30. In the appeal Rex versus Benzina, heard on March 17, the Appeal Court holds that Justice . Herdman misdirected the jury and the verdict' ought to he set aside and the accused discharged. Decision in the case Rex v. Shortland is that the sentence, by Justice Herdman of 15 years and flogging for rape is excessive, and the sentence was reduced to five years and the flogging remitted. Sir Robert Stout dissented in regard to the reduction of the sentence. INTERPRETATION OF A CLAUSE. WELLINGTON, April 30. In its decision in the Case Rex. v. Blazina. the Apeal Court stated that at the trial Justice Herdman held against the contention that there was no offence as there had been no attempt on the part of the accused to extort anything for herself. The court held that the term “gain anything” from any person means “gain anything for the offender himself,” hut “extort anything” is different in meaning. A person may he guilty, under section 269, although his only interest was to extort something for another without gain for himself. In this case all that the accused demanded was that a tea set should he returned to the Mangjawai Hall committee, the donor of the prize. Such a demand did not come within the section and was not in the nature of blackmail. There was no evidence on which the jury, if the question had been left to it, would have been justified in finding an intent to extort anything from Nitz. The verdict ought to be aft aside and the accused discharged.