LIFE SENTENCE

New Zealand Herald, Volume 81, Issue 24875, 22 April 1944, Page 9

LIFE SENTENCE

NO LEAVE TO APPEAL MANSLAUGHTER CASE (P A.) WELLINGTON. Friday The Court of Appeal gave judgment for both divisions to-day in tlie case of the Crown versus Leonard Neiling. On March 27, nine. Judges, constituting both divisions of the Court of Appeal, heard argument in an appeal by Neiling against a sentence of life imprisonment with hard labour for the crime of manslaughter. The application was for leave to appeal against the severity of the sentence imposed by the Chief Justice, Sir Michael Myers. The prisoner, 14 days after sentence, in a form seeking leave to appeal. This application was dismissed by the Court of Appeal on July 3, 1941. \ fresh application was made by the prisoner's solicitors in June, 1943, and the Court in July. 1943, heard argument as to whether a second application for leave could be made. In view of the important effect on procedure in regard to prisoners' appeals, a request was made to re-argue the case before both divisions. Court's Findings The judgment delivered to-day states that the validity of the rules relating to prisoners' appeals against sentences were made over 22 years ago, and had been continuously interpreted by Judges of the Court of Appeal as authorising procedure in which the prisoner was not heard before the Court, unless he asked leave for that purpose before his application was dealt -with. "Whether the prisoner in custody is to be present or not, and whether he is to call witnesses or not, depends on he obtains the leave of the Court of Appeal, and that depends on whether he has asked for leave before the disposal of the application," the judgment adds. ''Whether or not he is represented by counsel depends similarly on whether he has instructed I counsel, and whether counsel has appeared before the 1 application has been dealt with." First Application In' this case, the prisoner had not risked for leave to appear, nor for counsel, on his first application, and the Judges had considered the application individually, and then jointly, and had reached a decision. In the opinion of the Court, the decision on the prisoner's first application was pronounced in open Court on July 3, 1941, and. was dealt with on its merits, because the Judges had considered the application. He could not now make another application, and the second application for leave to appeal must- be dismissed. MISSING ON OPERATIONS | AUCKLAND AIRMAN Advice has been received that Flight- j Sergeant W. J. Green, son of Mrs. and j the late Mr T. W. Green, of 8 Rock- j lands Avenue, Mount Eden, is missing j

on air operations. He was educated at the -Kowhai Intermediate School and the Mount Albert Grammar School, and before joining the Air Force was employed by the Kaihvav Department as a cadet. After receiving his initial training in New Zealand, lie left in September, 1942, for Canada, where he gained his wings