POWERS OF SUPREME COURT

Evening Star, Issue 23375, 19 September 1939, Page 8

POWERS OF SUPREME COURT

JURISDICTION TO VARY PENALTY APPEAL TO REDUCE MAGISTRATE'S SENTENCE fPsa United Press Association.] WELLINGTON, September 19. The question of whether the Supreme Court had power to vary a penalty imposed by a magistrate was dealt with by the Court of Appeal to-day. The case arose on dune 20 Inst at Christchurch, where Harold Edmund Dickie, aircraftsman of the Wigrnm Aerodrome, pleaded guilty to stealing a uniform tunic, a pair of uniform trousers, and a pair of braces of the total value of £lO 2s 6d, belonging to Harry Nalder Major. He was sentenced by Mr Levvey, S.M., to six weeks’ imprisonment with hard labour. From that sentence Dickie appealed to Mr Justice Northeroft seeking a reduction of the penalty. The question having arisen whether or not the Supreme Court had power to vary a penalty imposed by a magistrate following a plea of guilty, the judge reserved the point for the opinion of the Full Court. The Appeal Court to-day held that the Supreme Court had jurisdiction to vary the penalty and remitted the case back to Mr Justice Northeroft to consider the prisoner’s application on its merits. •