ANEW TRIAL

Hokitika Guardian, 9 May 1921, Page 3

ANEW TRIAL

PRISONER’S SUCCESSFUL

APPEAL.

I UY TELEGRAPH —PER PREBS ASSOCIATION

AUCKLAND, May 7

The Court of Appeal last week delivered judgment in the appeal for a new trial by Franklin John Smith, at present serving a sentence of seven years’ imprisonment with hard labour in Mont Eden Gaol, Auckland, on a charge' of rape. The application had been twice before the Court, Messrs M. Myers and A. Moody (Auckland) representing the prisoner. In delivering the judgment of the Court, the Acting-Chief Justice (His Honour Mr Justice Sim) said: “A majority of the Court think that there should be a new trial in this case. As there is to be a new trial, it is inadvisable to discuss the evidence or to state the reasons for the conclusion arrived at, and the course adopted in Rex v Sales, 27 N,Z. Law Reports 715 is now followed. A new trial is ordered, the accused in the meantime to be kept in custody.” LEAVE TO APPEAL REFUSED.

Leave to appeal from the sentence of five years’ imprisonment with hard labour passed on Frederick Marshall oil August 8, 1918, has been refused by the Court of Appeal. The judgment of the Court stated: “There is a question as to whether or not the provisions of section 2 of the Crimes Amendment Act, 1920, apply to sentences imposed before the Act came into force. The Court does not express any opinion on that question and leaves it open for future consideration. Assuming, in favour of the prisoner that the section does not apply, the Court is of opinion that the case is not one in which leave of appeal should be granted. Leave to appeal is therefore refused.”

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