SECOND EDITION.

Poverty Bay Herald, Volume LII, Issue 17157, 6 October 1926, Page 8

SECOND EDITION.

MAGISTRATE’S DECISION

CONVICTIONS SET ASIDE IMPORTANT DECISION JUDGE’S POINTED COMMENT (Per, Press Association.) AUCKLAND, this day. Mr. Justice Heidman gave judgment in tile application for a writ of habeas corpus arising from the decision of Mr. F. K. Hunt, 8.M., who, on tieptember o, found William George Oavonott guilty of two charges of theft and sentenced the accused to two months’ imprisonment on the first charge, and one month on the second. An application for leave to appeal was refused by Air. Hunt, who said : " There, is too much of this appealing. 1• am going to put a stop to it." Mr. Justice Hordma.n said it was plain that the magistrate, altered his decision oji the. second charge after the matter of an appeal against the sentence of two months’ imprisonment on the other charge had been, mentioned. It wo* evident that the magistrate intended to make certain, no matter what, the fate, of the appeal against the decision on 1 lie first charge might he, that Cavenett, should sutler imprisonment. Accordingly ho refused to increase the sentence by one day so that appeal proceedings uiiild lie taken. On the .second charge the man was sentenced to imprisonment, not because he had stolen an axe, lull because counsel had taken a. step which infei'entialiy meant that the magistrate’s judgment in another matter would ho impeached’. The convict ion was set aside, and the. prisoner was ordered to be discharged. The question of costs was left in abeyance.