SENTENCE QUESTIONED

Poverty Bay Herald, Volume LIX, Issue 17958, 9 December 1932, Page 9

SENTENCE QUESTIONED

RED WORKER CASE APPEAL TO PULL COURT (Per Press Association.) WELLINGTON, lids day. The Full Court, consisting of the Chief Justice, Sir Michael Myers, Mr. Justice Reed and Mr.. Justice, MacGregor, is heaving nil application made on behalf of Richard Francis Gridin, of Wellington, for a rule nisi calling on the gaoler of Mount Crawford prison to siiow cause why a writ of habeas corpus should not lie issued ordering him to bring up the body of Griffin from custody, or, alternatively, why Griltin should not be discharged from custody without a writ actually issued. Gridin, earlier in the’year, with some others, was sentenced to a term of reformative detention for offences in connection with the issue of the Red Worker. On an appeal, the sentence >vas reduced by Mr. Justice Reed to 18 months’ reformative detention. 'The application to-day is based on the, ground that the sentence of reformative detention under which he is detained was passed without jurisdic-

tion, and consequently the warrant detaining him had been issued also without jurisdiction. Mr. Lloyd Wilson and Mr. Rollings are appearing for the prisoner, and Mr. Bylins Scott for the Grown. Counsel for Griffin Submitted that the War Regulations Act, 1914, created new offences which stood apart from the main body of criminal law, and this Act must alone he resorted to for the penalties following breaches of the provisions of the Act. The Act did not provide for the imposition of reformative 'detention. and, therefore, the magistrate had no jurisdiction to impose such a sentence. At the conclusion of counsel’s argument, without calling upon the Crown, tlio court gave judgment dismissing the application. The Chief Justice, .Sir Michael Myers, stated the tbo Crimes Act Amendment Act, 1910. permitted a magistrate to impose a sentence of up to three years’ reformative detention for offences for which an offender was liable to imprisonment for three months or upwards. As the War Regulations. Act, 1914, permitted a magistrate to impose a sentence of up to 12 months, he saw po reason for excluding the operation of the Crimes Act Amendment Act, and, therefore, is of flic opinion that the magistrate had jurisdiction to impose a sentence of reformative detention. The application would bo dismissed, but without costs.