APPEALS SUCCEED.

Hokitika Guardian, 18 June 1926, Page 1

APPEALS SUCCEED.

by TELEGU.U’n —press assn., copyright. AUCKLAND, June 17. An echo of the case against Abraham Walley Alohamed Salaman, which created a great deal of interest in November, 1924, was heard in the Supreme Court this morning, when ho appealed against the judgment of the Magistrate who sentenced him to one month’s imprisonment for attempted false pretences. Mr Osburne-Lilly, for appellant stated that in the Lower Court, two informations were laid against Salainan. One was that of obtaining money on false pretence, and the second count was one of attempting to obtain money by false pretence. The Magistrate had found the accused guilty of the major offence, inflicting a fine, fie then dismissed the charge, and imposed a sentence of one month on the -minor count. He was concerned with the question of whether a Magistrate had the power to alter the records

His Honour- ''Yon say that, if a man is discharged on a major charge, he cannot be sent to gaol on a minor count?”

Air Osburne-Lilly: “That is so, S’.r. There being two informations, and being found guilty on one. lie could not fie convicted on the other.” His Honour: “The greater includes the less. The criminal code holds this.”

Mr Osbrirn-Lilly submitted that there was a difference. The facts actually proved the major offence, and the doing of the deed made that beyond the qustion of the attempt.

His Honour said he did not see that it made a difference. It led up to the other events, and if a man was charged with an attempt and the prosecution proved the attempt was successful, it could not be said that the offence bad not been proved. Ah- Osburn-Lilly: “Doesn’t it .make a difference, Sir, that, having been found guilty lie was discharged?”

His Honour: “The two informations were like an indictment with two counts, and, as with a jury, so with a Magistrate, the prisoner can he acquitted on one count and found guilty on the second. It is a constant practice.’* and when a jury finds a man not guilty on the first count, and guilty oil the second, he can receive a sentence and,that is what the Magistrate did. There is no doubt that the AtogisIrate inadvertently made a blunder, hut it does not operate against the prisoner; hut, for him the error was rectified,, and held by the Court 1,1 Appeal to be within the power of the .Magistrate. The accused will get hack liis fine.”

His Honour dismissed the appeal with costs, and that means that Salamuii will not have to serve the sentence imposed over 18 months ago, hut which has been hold up while the various appeals have been made.