SENTENCE CONTESTED

Hokitika Guardian, 11 July 1931, Page 5

SENTENCE CONTESTED

PRISONER UNDER AGE. (By Telegraph—Per Press Association) WELLINGTON, July 10. The,,Full Court, consisting of Chiet Justice Myers, Justices MacGregor, Blair, Smith, and Kennedy, to-diy dealt , with a motion to quash the conviction and the concurrent sentence imposed on Edward Walter Rix, by the Supreme Court at Auckland on June 8.

Mr! Noble, who appeared for the prisoner, in support- of the motion, said that Rix came before Justices at Whakatane on May 30, and having stateil his age as 18, was committed for sentence to the Supreme Court, Auckland. There he came before Justice Smith, who was informed by prisoner’s counsel that Rix was 18, and who entered a conviction and sentenced the prisoner. Subsequently it was' found that Rix himself, was not awaie ot hi s true age, which was 15 years 3 months, and a birth certificate was obtained to substantiate that age. It was contended for the prisoner to-day, t«nt as Rix was a child within the meaning of the Child Welfare Act, neither the Justices at Whakatane, nor the Supreme Court at Auckland had jurisdiction to deal with him, but that he should have been dealt with oy the Children’s Court,

Mr Taylor appeared for the Crown to oppose the motion.