NOT AN HABITUAL

New Zealand Times, Volume XXXVI, Issue 8258, 22 October 1912, Page 2

NOT AN HABITUAL

MARTIN WILLIAM TIER. RESULT OF AN APPEAL. Whether or not Martin William Tier should have been declared an habitual criminal was a question dealt with by the Court of Appeal in a judgment de livered yesterday. Martin William Tier appeared before the court on May 13th, 1910, to answer a number of charges of house-breaking. The charges, framed in two indictments, were as follow: First indictment First count: Breaking and entering and theft at Collin and Company's warehouse. Second count: Receiving stolen property. Third count; Breaking and entering and theft at H. Morris and Company's warehouse. Fourth count; Breaking and entering and theft ■it John Ivior’s warehouse. Fifth count • Breaking aiwi entering and theft at the shop of V, R. Simpkiss. Second indictment: First count: Breaking and entering and theft , at the shox) of J, E. Lindberg. Second count; Breaking and entering with intent to commit theft. Third count: Breaking and entering and theft at the shop of E. Pearce and Co. Fourth count: Receiving stolen property. On tho first indictment ■the jury returned a verdict of guilty, and Tier pleaded guilty to the second. # Ho was sentenced to two years* imprisonment with hard labor. In August last Tier again appeared before the court, and on this occasion he pleaded guilty to breaking *nto the shop of Charles Hill and Sons. Mr Justice Chapman sentenced him to five years imprisonment with hard labor and declared him to bo an habitual criminal under section 29 of the Crimes Act. This provides that a prisoner who appears for sentence may be detained for an indeterminate period if ho has been convicted ot olfences on "four previous occasions/' His Honor, in declaring Tier nn habitual criminal, relied upon the convictions of May 13th, 1910, treating Tier as having been convicted on four separate occasions. His Honor stated a special case, under section M2 of the Crimes Act, for tho consideration of the Coart of Appeal. On the Bench at tho hearing were their Honors the Chief Justice (Sir Robert Stout), Mr Justice Denniston, Mr Justice Edwax*ds,“Mr Justice Cooper and Mr Justice Chapman. Hia Honor the Chief Justice, in hie judgment,' expressed the opinion that the declaration should stand. Mr Justice Denniston agreed. It was the fact of the convictions that was material. - Mr Justice Edwards considered that the appeal should be allowed, and # that that portion of the sentence declaring Tier to be an habitual criminal should be quashed. Mr Justice Cooper and Mr Justice Chapman concurred.

His Honor Sir Robert Stout said the court would direct that that part of the sentence declaring the prisoner Tier an habitual criminal be struck out, and the sentence amended accordinglyAt the hearing Mr H. F. O'Leary appeared in support of the appeal, and Mr J. AV. Salmond (Solicitor-General) on behalf of the Crown.