SENTENCES REDUCED

Otago Daily Times, Issue 24421, 5 October 1940, Page 13

SENTENCES REDUCED

MANSLAUGHTER OF WIFE COOK ISLANDS APPEAL (Per United Press Association) WELLINGTON, Oct. 4. The Full Court delivered its reserved decision to-day ir the appeal of Tearaia Marsters from the sentence of 15 years' imprisonment imposed for the manslaughter o* his wife. The sentence was imposed by Chief Judge Ayson at Rarotonga on August 21. 1939. The court to-day after holding that it had jurisdiction to hear the appeal as a proper appellate tribunal for appeals from Cook Islands, referred to the fact that, following sentence, the Rarotonga case had been submitted by the Court of Apoeal to the Directorgeneral of Mental Hospitals in New Zealand for consideration and report That report had seen received, and the court stated that it desired to express its indebtedness to the director-general The report confirmed and amplified the medical testimonv given at the trial that the prisoner was suffering from mental deterioration following on carbon monoxide ooisoning. In view of this report and the tacts surrounding the commission of the crime, the court stated that, after giving the matter careful consideration, it considered the sentence imposed excessive, and reduced it to five years' imprisonment, the whole of which sentence will be served in New Zealand On November 2, 1939. Henry William Mosen was sentenced by the Supreme Court at Wanganui to a fine of £l7 on a charge of failing to observe the right-hand rule and thereby causing bodily harm At the same time his driver's licence was cancelled for two years. The Court of Appeal to-day. on the application of Mosen varied the cancellation of his licence by reducing it from two years to one year. The court also varied the sentences imposed bv the Supreme Court on Oswald Oliver Wahrlick at Auckland on August 2. 1940 Wahrlick was then sentenced to 18 months' reformative detention on <» charge of recklessly driving a motor car and thereby causing bodily injury and to 18 months' reformative detention on charges of theft and unlawful conversion of a motor car the sentences to be cumulative. The court to-day varied the sentence on the charge of reckless driving to 18 months' hard labour, to be followed by 18 months' reformative detention The other sentence of reformative detention is to stand, to be served concurrently.