LEAVE TO APPEAL SOUGHT

Dominion, Volume 32, Issue 156, 28 March 1939, Page 16

LEAVE TO APPEAL SOUGHT

Woman’s Sentence To Imprisonment Leave to appeal was sought in tbc Court of Appeal in Wellington yesterday on behalf of Marjorie Pickering, housekeeper and nurse, aged 42, who was found guilty by a jury on October 26 on two charges of unlawfully using an instrument with Intent to procure miscarriage. The Court consisted of the Chief Justice (Sir Michael Myers), Mr. Justice Ostler, and Mr. Justice Fair. The Solicitor-General, Mr. H. H. Cornish, K.C., appeared for the Crown, and Mr. F. W. Ongley, for Pickering. The verdict of the jury was guilty, with a strong recommendation to mercy on the ground that those who procured the commission of the offences were equally guilty with accused. Pickering was sentenced by Mr. Justice Quilliam to three years’ imprisonment with hard labour. The grounds of the appeal were that the trial was on two separate counts, tried together. When that took place, Mr. Ongley submitted, the law was that the jury should not be directed to return a general verdict, but one on each count. They should also be warned to draw a careful distinction between the evidence on each count. It was submitted that not only were the jury not given the assistance necessary to enable them fully to consider the issues on each, count, and properly apply the relevant evidence, but they were really misdirected and must have been misled by the direction of the judge. A further submission was that the defence was not adequately put to the jury in the summingup. Mr. Cornish said the judge made it clear at the start that there were two counts, and there was no need for him to give technical reasons as to ovhy evidence was admissible. The Court reserved its decision.