Prison Sentence Reduced To Fine

Northern Advocate, 14 June 1949, Page 5

Prison Sentence Reduced To Fine

AUCKLAND, Tue. (PA.)—-In reducing on appeal the sentence of a bookmaker from six weeks’ imprisonment to a line of £250, Mr Justice Finlay said in a written judgment: “It is undesirable for a magistrate imposing the original sentence to appear in appeal proceedings.” The bookmaker, Walter Preston, was represented by Mr A. H. Johnstone, K.C., Mr G. Meredith appeared for the Crown, and Mr A. Moody for Mr J. H, Luxford, S.M., who imposed the original sentence. The judge said Preston pleaded guilty to a bookmaking charge before Mr Luxiord on April 22. Appellant claimed later that the magistrate erred in allowing himself to be influenced by the recent referendum on gaming. PREVIOUS CONVICTIONS He also claimed the magistrate over-estimated the significance of appellant’s previous convictions and had drawn the inference that £27,000 which it was erroneously stated the accused had in the bank was made, from unlawful betting. The magistrate had said these factors had not influenced him in his decision. Mr Justice Finlay said the magistrate’s language suggested that the referendum in his view emphasised the illegality of bookmaking. “That of course it did not,” His Honor observed. The judge considered there was an error in the principle in imposing the sentence. “It is but right to say,” he added, "that counsel for the magistrate disavowed any desire to support this sentence, his purpose being to refute what the magistrate thought was a reflection on his impartiality in the newspaper report of the first hearing of the appeal.”