LAW REPORTS

Dominion, Volume 8, Issue 2565, 13 September 1915, Page 9

LAW REPORTS

SUPREME COURT PRISONERS SENTENCED His Honour the Chief Justice (Sir Robert Stout) passed sentence upon three prisoners in the Supremo Court ou Saturday morning. Mr. V. R. Meredith, of the Croivn Law Office, represented the Crown. A former inmato of the Buniham Industrial School, John Henry Heath, who had been declared an habitual criminal as recently as 1913, and who had escaped from an "open air" prison at lloto Aira early last month, came lip for sentence for breaking and entering and theft at Karioi. 11l pleading for leniency, the prisoner stated that ho had broken prison because of persecution by other prisoners. He alleged that a, number of prisoners had taken a vicious dislike to him_ because of the fact that he had given evidence in a case of assault, which occurred in the Auckland Prison. Heath declared that he was anxious to go to the front, but did not- venture upon any explanation of his latest crime. His Honour remarked that the prisoner had been a fool to himself, for had he behaved properly he would quite likely have been released on probation by the Prisons Board. The alleged persecution should have been mentioned to the board, but in any; case it could be inquired into now.- The prisoner would again be' declared a habitual criminal and sentenced to six months' imprisonment, the sentence to run concurrently with the term he was already serving.

THEFT ntOM HOTEL BRISTOL'. A statement was handed to the Bench by Michael Disraeli Joyce,. who had pleaded guilty to three charges of theft from the Hotel Bristol —all committed within a month. Ho was already serving a sentence on charges of commontheft —summary convictions connected with the same series. His Honour imposed a sentence of six months' imprisonment with hard labour, the sentence to run concurrently with the one already heing served by tho prisoner.

POSTAL PACKETS PURLOINED. On behalf of a postal employee, 17 years of age, who had pleaded guilty to two charges of. theft of postal packets, Mr. H. F. von Htiast stated tli at the crime on which Humphrey stood convicted consisted of tlie tlieft of packets of lollies. Counsel liad been informed that, when entrusted with sums of money in the office, the lad liad proved woi thy of the trust. It was evident that he did not belong to the criminal class, awl it might do more harm tliau good to send liim to gaol. If His Honour had not the power to grant probation, he might see his way to record a conviction and order Humphrey to come up for sentence when called upon. His Honour adopted this course,_ making it a condition that the prisoner should not be seen outside liis father's house between the hours of 6 p.m. and 0 a.m. at any. time during'.tlio nest sis months.

CONVICTIONS QUASHED. THE GAMING HOUSE OASES. Reserved deoision was given by the Chief Justice- in tlio matter of the appeal by Joe'Ton^ ! against the decision of Mr. G. Oruickshaiik, S.M., at Wellington, by which appellant was fined £75, in default three montfhs' imprisonment, as the occupier of a common gaming house. The evidence for the prosecution, which the Magistrate accepted, sought to show that Tong conducted at his premises a pak-a-poo lottery. At the hearing Mr. rj. G; Jollicoe appeared for the petitioner, and Mr. P. S. K. Macassey for the respondent.' Mr. Jellicoe had argued that all that was proved by the evidence was that defondant sold a ticket, or pieco of paper, alleged to be a pak-a-poo ticket. He contended that there was no evidence that Tong had done any more thai? accept money with a marked ticket, that the conducting of a 6top in an illegal'game in any promises did l not constitute the premises a gaming house, and that therefore the evidence did not justify the Mnclusion that Tong's premises were in fact a common gaminghouse. His Honour upheld counsel's contention, remarking that the defendant could not, he rightly convicted under the section of the Act relied upon. His Honour was of opinion that a conviction could have been recorded under Sections 12 and 41 of the Act, but those sections had not been relied upon, and the conviction must be quashed. In other oases of a similar nature, His Honour also ordered that the conviction's be quashed. As the appeal was against tlio police, no costs were allowed.