Submission That J’s.P. Acted Outside Their Authority

Wanganui Chronicle, 30 November 1948, Page 6

Submission That J’s.P. Acted Outside Their Authority

WELLINGTON, Last Night (PA). —The submission that in convicting and sentencing two men at Taumarunui on November 12, two Justices of the Peace had acted outside their powers as amended 1 the Justices of the Peace Amendment Act. 1948, was made in the Supreme Court today. Mr. Justice Gresson was on the Bench.

Mr. W. W. Gazley, on behalf of the two men, made application that the convictions and sentences be quashed and the Crown Prosecutor (Mr. W. H. Cunningham) was present for the Crown.

Mr. Gazley said the charge against the two men of converting to their own use a railway jigger valued at £3O, was laid under Section 31 of the Justices of the Peace Act. By the

-.rbvisions of the 1948 Amendment Act, all prosecutions under Section 31 must proceed by indictment. In the case under argument, the two men had been asked if thev wished to be dealt with summarily, and had so chosen. They had pleaded guilty, but were not asked before imposition of the sentence whether they wished to say anything in mitigation of the offence. The two men. Raymond Granville Hicks and Louis Joseph Wright, had each received a sentence of 12 months' imprisonment with hard labour Mr. Gazley told the Court that the’l94B Act had not yet been printed. He produced copies of it assented by the Clerk of Parliament (Mr. C. M. Bothamley) in support of counsel's plea after quashinv the convictions. After hearing legal ..rgument by Mr. Gazley and’Mr. Cunningham, the Judge reserved his decision.