THE MARLBOROUGH LIBEL CASE.
Acoording to the "Express," there is a rumor abroad to the effect that the sentence inflicted on Mr Doherty is illegal. The way it arises is this: —According to the law in England, which guides this oolony as well, the utmost punishment whore a person is found guilty on a criminal charge of publishing a libel, well knowing it to be false, is two years' imprisonment, or for publishing a libel as in the second oount, one year's imprisonment, with or without a fine. By some mistake, " with hard labor " was added by the Chief Justice, and the question arises whether the sentence, being faulty, binds the acciwed at all; whether in fact, he can be legally detained in gaol. It is stated that the Chief Justice will raiso the question in the Court of -Appeal, which meets on the Bth January. We learn that however much the above story may be imperfectly told, a telegram was received at the gaol, and the result was that the hard labor has been remitted in the case in quostion. As to whether a Judge can inflict the addition of hard labor was referred to in a celebrated case by last mail, against tho editor of " Town Talk," in which the Judge regretted that he could not add " hard labor," and this is borne out by 6 and 7 Vict., c. 96, sec. 4.
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Bibliographic details
Globe, Volume XXII, Issue 1833, 7 January 1880, Page 3
Word Count
235THE MARLBOROUGH LIBEL CASE. Globe, Volume XXII, Issue 1833, 7 January 1880, Page 3
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