LAW REPORTS.

Dominion, Volume 6, Issue 1560, 2 October 1912, Page 4

LAW REPORTS.

. : COURT OF APPEAL. ■-~. POINT IN THE CRIMES ACT. " ' THE TIER TRIALS. • HIS POSITION AS "lUBITUAL." Ono indictment, ono plea, one conviction.. Can this principle Ijo applied to Section .29 of the Crimes Act to save a .prisoner from buin' o ' declared an habitual criminal, even though the, indictment may include several count's covering at least foil? separate offences? This was a questipu submitted to the Court of Appeal for ianswer yesterday. MDi-ning. The Bench was occupied by the Chief Justice (Sir KoLert Stout), Mr.'Justice Demiistou, Mr. Justico Edwards, Mr: Justice Cooper, and Mr. 'Justice, Chapman. ,: On May 13, 1910, Martin William Tier appeared before' tho Court to answer a •number of charges of house-breaking. The charges against him were, framed in two indictments as follow :— ' ':'■■ First Indictment. First count: Breaking and entering and ■ :;„ theft I'ivnrehuuse of Gollan and Co.). 'Second'count: Receiving stolen property. Third count: Breaking and entering and theft (warehouse of H. Morris and |-. jCo;). - . .. . Fourth count: Breaking and entering and • , theft (warehouse of John Kier). •Fifth'-cotirit: Breaking and entering and j'v; ( theft (shop of V. It. Siiupkiss), Second Indictment. : First count: Breaking .and entering and ;•;. theft (shop of J. E. Lindberg). Second count: Breaking and entering.with intent to commit theft (shop of J. E. .Lindberg). . ..■■'. Third count: Breaking and entering.and theft (shop of E. I'earce and Co.). Fourth count: Receiving stolen property. The First Sentence on Tier. - . A verdict of guilty was returned on the first indictment, and on the i-ecoml indictment Tier pleaded guilty. Three days later he was'sentenced to fwo'yenrs' imprisonment with hard labour. His Next Appearance. Tier's next appearanco before the .Supreme Court was on August !l last, when he pleaded guilty; to breaking into the shop of Clias. Hill and Sons, on Lambton Quay. Mr. Justice Chapman then sentenced, him to .live years' imprisonment with hard labour, and declared him an habitual criminal, under Section 29 of tho Crimes Act, which provides that a prisoner appearing* for. sentence may be incarcerated for an indeterminate period if he has been convicted of certain offences on "four previous occasions." The Point for Court of Appeal. . In making the-declaration, the Judge re'lied oji tho convictions of May 13, 1910. As the case appeared r >to be somewhat different from any previously decided, his Honour stated a : special case for • the Court of Appeal under Section 442 of the Crimes Act, the question being whether or not he had correctly declared Tier an habitual criminal. ' When the case came on for argument yesterday, Mr. H. F. O'Leary appeared for Tier, whilo the. Solicitor-General (Mr. J. W. Salmond) appeared for the Crown! During.the .course of nrgument, Mr. O'Lcary .admitted that he could no contend that-his client's caso was without the spirit of the law. His contention was that it did not come within the letter of .tho law..-' After hearing counsel on both sides, the Court reserved decision.