COURT OF APPEAL

New Zealand Times, Volume L, Issue 11663, 30 October 1923, Page 5

COURT OF APPEAL

SENTENCES OF PRISONERS.

APPEALS DISALLOWED

It was announced ( by tlio Chief Justice (Sir Robert Stout) yesterday, that the Court of Appeal had heard the following appeals by prisoners for leave to appeal against their sentences, and after reviewing the evidence and requisite, had decided no,t to allow them :,—

George King. John FinwganThomas Bipwn. Thomas William Ellis.

James Henry Williams. ■ A GISBORNE CASE.

With reference to an application for leave to appeal by Albert Ernest Harris, Mr \f. .\(yers, K. 0., wijh Mr H. F. O’Leary, appeared on behalf of the prisoner.

On the Bench with the Chief Jus tice, were Mr Justice Hosking, Mr Justice Salmond, and Mr Justice Reed. The prisoner was sentenced to five years’ imprisonment at Gisborne by Mr Justice Repd on Match SjOtrfi, 1923. for counselling or procuring a woman npmeß Frances. Qv.inn to procure abortion. Tfie. grounds qf (be appeal were; (1) That the sentence was excessive; (2) that it was substantially in excess of the sentence usually imposed in the like offences, and in the like circumstance; (3) that the learned Jndgo bad been influenced by general hearsay statements made by Detective -McLeod ; and (4) that one of these statements mado by the detective was not true in the sonso in which it was apparently made and accepted by the Judge. It was. also inferred that the -Judge had been influenced hy an erroneous inference that Harris was actuated by the selfish motive of evading the responsibility of supporting tho child if it had been bornMr Myers addressed their tlonouis at considerable length, and the court, reserved its decision.