BOOKMAKER’S APPEAL

Otago Daily Times, Issue 25799, 21 March 1945, Page 2

BOOKMAKER’S APPEAL

DISMISSED BY JUDGE

PRISON SENTENCE TO STAND (P.A.) AUCKLAND, Mar. 20. An appeal by Henry Clifton Sallery against the decision of Mr F. H. Levien, S.M., convicting him of using premises as a common gaming house and sentencing him to two months’ imprisonment with hard labour, was heard before Mr Justice Blair in the Supreme Court to-day. Detectives gave evidence of alleged betting material found in the appellant’s office. Evidence was not called for the appellant. Mr V R. Meredith, for the Crown, submitted that on the facts it had been established that the premises were used for purposes of betting by reason of the material found there and the actions of the appellant when the detectives called unexpectedly. Mr Turner, addressing the court for the appellant, said he knew no case where a man had been convicted of using premises as a common gaming house unless there had been direct and unassailable evidence before the court of a bet or bets having been made there. In this case the evidence was all circumstantial, creating mere suspicion without any direct evidence of betting. The suggestion was that betting by telephone or post was localised on the premises and so caused the premises to be used as a common gaming house. Counsel cited authority . for the need of the Crown to prove definitely that the premises were used chiefly for the purpose of betting. The appeal was dismissed and the conviction was confirmed, with £ls 15s costs awarded the Crown. An application for a reduction in the sentence was also dismissed.