APPEAL COURT

Hokitika Guardian, 28 April 1939, Page 5

APPEAL COURT

AYES MURDER

SENTENCE REDUCED.

(Per Press Association.—Copyrighty.

WELLINGTON, April 27.

Judgment was. given to-day by tho Court of Appeal in the case of Colin Herbert Hercpck, who on April 26 appealed from 1 the sentence of twelve imprisonment-with hard labour (Imposed on -him, by ;The ; Chief justice (Sir Michael Myers) at Napier, upon his conviction for the manslaughter of - Isobel Annie Aves. The Court to-day allowed the appeal, and reduced tliJ» sentence to seven years’ imprisonment with hard labopr. \ 7, After reviewing the facts of the case, and stressing the necessity of upholding the sacredness of human iue. oy meting out adequate punishment, the judgment of the court said: “The Court in considering the sen-: tence must keep in mind its deterrent effect, . and therefore such a crime must be pupished by a substantial term of imprisonment. It would be a dangerous innovation to treat such a crime as this lightly. But, seeing that the jury’s verdict must necessarily have negatived the intention to kill or wound in such, a way as to be likely to cause death, arid taking into consideration the youth' of the prisoner, his previous good character, and the state of his mind when he committed the crime, we have come to the conclusion that the sentence imposed was ’ unnecessarily severe, and that the interests of justice will be served and the deterrent effect be sufficient, if the sentence is reduced from twelve years to seven years, with hard labour.” , * HARBOUR BOARD CASE. WELLINGTON, April 27. Judgment was delivered to-day by the'. Court of Appeal in case of the Wellington - Harbour Board v. Standen, heard. on March 16. The Court allowed the appeal holding that the Statutes Amendment Act, 1936, did not repeal the provisions of the Harbourts Act, 1923, requiring one month’s notice before commencing litigation, and Standen, having failed • give this nqtice, was precluded from succeeding. Costs were allowed the Harbour Board. ' CURRENCY. QUESTION. ; . - , WELLINGTON, April 27. In. the caseiDean y.) Patterson, heard # on JHarch 20, the Court refused to give Dean leave to appeal to the Privy Council. In the opening of the Court, the amount required to' entitle a. litigant to leave to appeal as of right, was £SOO .sterling, and not £SOO New Zealand currency. The amount of the judgment sought to be appealed from was £572 6s New Zealand currencj’, which was less than £SOO sterling. The Court was also of the opinion that the questions decided in the case were not of such great general or public importance that special leave to appeal should be given Dean. BIGAMY SENTENCE REDUCED. WELLINGTON April 27. The Court of Appeal to-day reviewed and varied the following sentence: Claude Albert sentenced to two years” imprisonment, with hard labqur, at Christchurch on October 27, 1938, for bigamy, reduced to one year’s imprisonment with hard labour.