UNIQUE CASE

Hokitika Guardian, 9 December 1932, Page 6

UNIQUE CASE

SEQUEL TO RECENT SENTENCE

APPLICATION FOR RULE NISI

WELLINGTON, December 9

The full court consisting of the Oh'ef Justice, Sir Michael Myers, Mr Justice Reed and Mr Justice MacGregor, i s hearing the application made on behalf 0 f Richard Francis Griffin, of Wellington, for a rule nisi, calling on the gaoler at Mount -Crawford prison to show cause why a writ of habenr, corpus should not be issued, ordering him to 'bring up the body of Griffin from custody; or alternatively why Griffin should not be discharged from custody without the writ actually being issued.

Griffin earlier m the y e ar, with some others, was sentenced to a term of reformative detention for offences Hi connection with the issue of the Red Worker.” On appeal h?s sentence was reduced hv Mr Justice Reed to eighteen months’ reformative detention. Tho application to-day was based on the ground that the sentence of reformative detention order on which he had been detained was passed without jurisdiction, and, consequently, the warrant detaining' him, had been issued also without jurisdiction. Messrs Lloyd, Wilson and Rollings are appearing for prisoimr, an cl Messrs Evan s and Scott for the Crown.

DISMISSAL OF APPLICATION

WELLINGTON, December 9

Counsel for Griffin submitted that the War Regulations Act, 1914, created new offences which stood apart from the main body of criminal law, and this Act must alone be resorted to for penalties following breaches of the provisions of the Act. The Act did not provide for the imposition of reformative detention, and therefore the Magistrate had no jurisdiction to impose such a sentence. At the conclusion of counsel’s argument, without calling upon the Oowu, the Court gave judgment the application. The Chief Justice stated that the Crimes Amendment Act, 1910, permitted a Magistrate to impose a (sentence of up to three years’ reformative detention for the offences, for which the offende r was liable to imprisonment for three months, or upwards. As the War Regulations Act, 19,14, permitted a Magistrate to impose, a sentence oi' up to twelvp months, he saw no reason for excluding the operation of the Orime s Amendment Act, and he was' therefore of the opinion that the Magistrate Bad jurisdiction to impose the sentence of reformative detention. The application would be dismissed but without costs, their Honours, Mr Justice Reed and *vi r Justice MacGregor concurred.